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Animal Law Keyed to Wagman
State v. Cleve
Citation:
980 P.2d 23 (1999)Facts
Charles Cleve owned a one-hundred acre ranch near Elk, New Mexico, where he maintained a herd of cows. Beginning in the early 1970s, Cleve experienced problems with approximately one hundred deer coming onto his land and destroying his crops and pastures, forcing him to purchase more feed and reduce his cattle herd. For about twenty years, Cleve requested assistance from the New Mexico Department of Game and Fish, which attempted various methods to reduce the deer population on his property. In 1995, the Department notified Cleve that it had exhausted its efforts to alleviate his situation. Three months later, Cleve began shooting at deer on his property and set snares. Two deer were caught in snares: a fawn died of strangulation within about five minutes, and a spike buck died of either stress-related fatigue, starvation, or dehydration. Cleve was charged with multiple counts of negligent use of a deadly weapon, cruelty to animals, and unlawful hunting, and was convicted of two counts each of unlawful hunting and cruelty to animals, plus one count of negligent use of a deadly weapon.
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