Moore v. State
| Citation | 107 N.E. 1,183 Ind. 114 |
| Decision Date | 11 December 1914 |
| Docket Number | No. 22634.,22634. |
| Parties | MOORE v. STATE. |
| Court | Supreme Court of Indiana |
OPINION TEXT STARTS HERE
Appeal from Circuit Court, Tippecanoe County; Richard P. De Hart, Judge.
Wilbur G. Moore was convicted of inflicting needless cruelty on a horse, and he appeals. Affirmed.
Daniel P. Flanagan, Kumler & Gaylord, and Rochester Baird, all of La Fayette, for appellant. Thomas M. Honan, Atty. Gen., and Will R. Wood, Homer W. Hennegar, and Roy C. Street, all of La Fayette (Edwin Corr, of Bloomington, of counsel), for the State.
Appellant was tried and convicted in the Tippecanoe circuit court on an indictment charging him with a violation of section 2499, Burns 1914. He appeals. The statute on which the indictment is based provides that:
“Whoever overdrives, overloads, drives when overloaded, overworks, tortures, torments, deprives of necessary sustenance, cruelly beats, mutilates or cruelly kills or causes or procures to be so overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, deprived of necessary sustenance, cruelly beaten, mutilated or cruelly killed, any animal; and whoever, having charge or custody of any animal, either as owner or otherwise, inflicts needless cruelty upon the same, or mutilates the same, or deprives it of natural means of defense or protection, or cruelly or unnecessarily fails to provide the same with proper food, drink, shelter or protection from the weather, shall, on conviction,” etc.
The indictment in this case is in five counts, the first and second of which charge appellant wth inflicting needless cruelty on a certain horse owned by him-
“by then and there confining said horse in a certain barn or stable, then and there situate, said stable being then and there without proper light and the stall in which said horse was kept being then and there filled with the filth and excrement of said horse, and said horse was then and there kept without bedding and permitted to lie in said filth and excrement, and so keeping said horse without any provision made for said horse to escape, and said horse was and has been kept for more than one year prior to the 13th day of December, 1913, and by failing to feed said horse with enough and proper feed to sustain the same, and by failing to give said horse sufficient water to quench his thirst, and by failing to give said horse proper exercise.”
The other counts of the indictment, in substantially the same language, charge appellant with torturing...
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