Morgan v. Commonwealth

2019 WL 2896651 (2019)

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Morgan v. Commonwealth

Kentucky Court of Appeals
2019 WL 2896651 (2019)

Facts

Kentucky resident Jack Morgan (defendant) hosted cockfighting events on his property in 2016. The Commonwealth of Kentucky (plaintiff) charged Morgan with second-degree cruelty to animals based on Morgan’s cockfighting activities. Morgan moved to dismiss the charges, arguing that cockfighting was not cruelty to animals because birds were exempt from the definition of animals in the Kentucky statute defining the offense. The trial court denied Morgan’s motion to dismiss. A grand jury subsequently indicted Morgan for offenses that included promoting gambling, conspiracy, engaging in organized crime, possession of gambling records, and second-degree cruelty to animals based on Morgan’s involvement in cockfighting. Morgan pleaded guilty to the charges of promoting gambling and cruelty to animals, subject to the condition that Morgan be allowed to appeal whether he had been properly charged with cruelty to animals based on cockfighting. The trial court entered a judgment and sentence against Morgan based on his guilty plea, and Morgan appealed the animal-cruelty issue to the Kentucky Court of Appeals.

Rule of Law

Issue

Holding and Reasoning (Jones, J.)

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