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Boushehry v. State

648 N.E.2d 1174 (1995)

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Boushehry v. State

Indiana Court of Appeals

648 N.E.2d 1174 (1995)

Facts

In September 1991, Fereydoon “Fed” Boushehry (defendant) was developing a subdivision in Indiana. Boushehry asked one of his employees, Jim Waugh, to shoot the Canadian geese around the subdivision. Waugh agreed to Boushehry’s request. Waugh used his .22 caliber rifle and shot two geese. One goose was immediately killed. The other goose suffered a broken wing. Boushehry grabbed the wounded goose, carried it into his garage, and slit the goose’s throat. The goose began flopping around on the garage floor and then died. Boushehry also slit the throat of the other goose who had been immediately killed. Boushehry left the geese in his garage. A local conservation officer received a complaint that someone had been taking the Canadian geese around the subdivision. The officer went to Boushehry’s residence to investigate the complaint. Boushehry’s wife invited the officer into the garage. The officer observed the two deceased geese in the garage, covered in blood. The State of Indiana (plaintiff) charged Boushehry with two counts of animal cruelty. Boushehry argued that he could not be convicted for shooting the goose that had immediately died because he had not tortured or mutilated the goose. Boushehry also argued that he could not be convicted for slitting the throat of the wounded goose because he had intended to prevent it from suffering. Boushehry was convicted of the two counts of animal cruelty in addition to other related offenses. Boushehry appealed.

Rule of Law

Issue

Holding and Reasoning (Kirsch, J.)

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