McCausland v. People

Citations

• 58 Colo. 303

Syllabus

<p>1. Criminal Law — Malice, is not a necessary element in a statutory offense, unless expressly made so, where there was no such offense at common law.* (305)</p> <p>2. --Cruelty to Animals — Statute Construed. The words “in a cruel or inhuman manner” in Rev. Stat. Sec. 1910, refer to the next preceding words, “carries in or upon any vehicles, or otherwise.” They have no application to the other distinct offenses denounced in the statute.* (305)</p> <p>3. -Information, charging that the accused did “unnecessarily and cruelly beat* and needlessly mutilate” an animal, is sufficient. (306)</p> <p>4. Justice of the Peace — Jurisdiction—Waiver of Defect. Prosecution under Rev. Stat. Sec. 1910. The Justice issued a warrant for the arrest of the accused before the complaint was filed, and appointed the trial for a day more than ten days in the future. The accused being convicted, appealed to the county court and went to trial there on the merits. The appeal to, and trial on the merits in, the county court waived the defects in the procedure before the Justice, who had jurisdiction of the subject-matter.* (307)</p>