In the Interest of C.B., a child
Georgia Supreme Court
286 Ga. 173, 686 S.E.2d 124 (2009)
- Written by Kyli Cotten, JD
Facts
C.B. (plaintiff), a minor, lived next door to a family that owned a Rottweiler-mixed dog. For several years, the dog was a nuisance to C.B. and his family. The dog would destroy the family’s landscaping and outdoor furniture. In addition, the dog would intimidate the family and visitors by not allowing them to exit their vehicles without being aggressively approached. On one occasion, the dog’s owner heard a gunshot and observed the animal running across the property, yelping in pain and bleeding. At the veterinarian, it was confirmed that C.B. shot the dog in the shoulder. C.B. was charged with cruelty to animals in violation of OCGA Section 16-12-4(b). C.B. was subsequently convicted and placed on probation. On appeal, C.B. argued that another provision in the statute, Section 16-12-4(f), conflicts with Subsection (b). Subsection (f) provides that a person is not prohibited from defending his or her person or property, or the person or property of another, from injury or damage being caused by an animal. C.B. asserted that because the facts of his case could apply to both provisions, an ambiguity exists that renders the statute he was convicted under unconstitutionally vague.
Rule of Law
Issue
Holding and Reasoning (Thompson, J.)
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