DANIELS v. STATE

No. 76-877.

351 So.2d 749 (1977)

Willie J. DANIELS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 8, 1977.


Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, and Victoria J. Powell, Bartow, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Mary Jo M. Gallay, Asst. Atty. Gen., Tampa, for appellee.


OTT, Judge.

Appellant was convicted of the Malicious Maiming of an Animal in violation of Section 828.07, Florida Statutes (1975) (Repealed). The issue is whether the appellant's shooting of a dog in the leg falls within the felony coverage of the Florida Statutes. We hold that under the prevailing circumstances, the appellant could not have been charged and convicted of a felony. Therefore, we reverse.

In State v. McLain, 150 Fla. 592, 8 So.2d 392...

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