Commonwealth v. Massini
Pennsylvania Superior Court
200 Pa. Super 257, 188 A.2d 816 (1963)
- Written by Haley Gintis, JD
Facts
The Commonwealth of Pennsylvania (plaintiff) charged Ernest Massini (defendant) with violating Section 941 of The Penal Code of June 24, 1939. Under Section 941, a person is guilty of a misdemeanor if he willfully and maliciously kills another person’s domestic animal. The government alleged that Massini had killed a cat belonging to his neighbor. During Massini’s trial, the jury was charged with determining whether the neighbor’s cat was a domestic animal. The jury determined that the cat was a domestic animal and found Massini guilty of violating Section 941. Massini appealed on the ground that the court had erred by allowing the jury to determine whether the neighbor’s cat was a domestic animal. Massini argued that the term domestic animal had to be interpreted using the definition of domestic animal provided in the Statutory Construction Act of May 28, 1937, which did not include cats as a type of domestic animal.
Rule of Law
Issue
Holding and Reasoning (Woodside, J.)
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