STATE v. BERGEN

No. C-960927.

121 Ohio App.3d 459 (1997)

The STATE of Ohio, Appellee, v. BERGEN, Appellant.

Court of Appeals of Ohio, First District, Hamilton County.

Decided June 4, 1997.


Attorney(s) appearing for the Case

Joseph T. Deters, Hamilton County Prosecuting Attorney, and William E. Breyer, Assistant Prosecuting Attorney, for appellee.

Paul E. Balash, for appellant.


Per Curiam.

Defendant-appellant, Michael J. Bergen, appeals the bench-trial decision of the Hamilton County Municipal Court convicting appellant of cruelty to animals, a violation of R.C. 959.13(A)(2). We reverse the decision and remand for a new trial.

The record reveals that appellant tied Duke, his one-hundred-fifty-pound Great Dane, to a chain-link fence next to his house. The leash line was twenty-five feet long. Appellant placed ample food and...

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