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Animal Law Keyed to Wagman
People v. Dunn
Citation:
39 Cal. App. 3d 418, 114 Cal. Rptr. 164 (1974)Facts
The defendant, Dunn, lived on 23 acres of land in a large tract where animals belonging to Cabezut had ranged freely for years. Dunn had planted fruit trees on his property, and some of Cabezut’s livestock began to feed on these newly planted trees. Rather than complaining to Cabezut about the problem, Dunn initially drove the animals away by throwing rocks. However, on March 15, 1973, Dunn escalated his response by shooting at the animals with both a .22 rifle and a shotgun. As a result, two colts were killed, a mare was so severely wounded in the neck and stomach that she had to be euthanized, and a jackass, shot in the stomach, survived its injuries.
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