PEOPLE v. BANIQUED

No. C031869.

101 Cal.Rptr.2d 835 (2000)

85 Cal.App.4th 13

The PEOPLE, Plaintiff and Respondent, v. Modesto Ruiz BANIQUED et al., Defendants and Appellants.

Court of Appeals of California, Third District.

November 29, 2000.


Attorney(s) appearing for the Case

Thomas N. Thomson, Malibu, for Defendants and Appellants.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Robert R. Anderson, Senior Assistant Attorney General, J. Robert Jibson and Carlos A. Martinez, Supervising Deputy Attorneys General, for Plaintiff and Respondent.


DAVIS, Acting P.J.

Confronting here a scene of undeniable horror, it brings to mind the cogent observation of Mark Twain that "[man] is the only creature that inflicts pain for sport, knowing it to be pain." (2 Twain [Samuel Langhorne Clemens], Autobiography (1924) p. 7.) In this case we hold that a rooster or other bird falls within the statutory definition of "every dumb creature" (Pen.Code, § 599b) and...

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