People v. Brian

110 Cal. App. 3d Supp. 1, 168 Cal. Rptr. 105 (1980)

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People v. Brian

Superior Court of California, Appellate Division
110 Cal. App. 3d Supp. 1, 168 Cal. Rptr. 105 (1980)

Facts

In July 1978, Beverly Joan Brian (plaintiff) left her animals at home while taking a trip. Prior to Brian’s departure, she spoke with her stepfather and a feedstore employee about feeding her animals until she returned home on September 1. However, Brian left town before solidifying the feeding arrangements. During the first month of Brian’s trip, her stepfather paid for the animals’ food and the employee regularly fed the animals. In mid-August, Brian’s stepfather left town and later informed Brian that he would no longer pay for the animals’ food. The employee then began to cover the food expenses. However, Brian experienced car troubles during her trip and was not able to return to her home by September 1. On September 14, the employee ceased providing food for the animals. On September 19, an animal-control officer investigated Brian’s home. The officer found that Brian’s animals appeared dehydrated and malnourished. When Brian returned to town later that day, the State of California (plaintiff) charged Brian with animal neglect pursuant to Penal Code § 597, subd. (b). Brian was convicted and appealed. On appeal, Brian argued that the requisite intent required for a Section 597 conviction was criminal negligence rather than ordinary negligence.

Rule of Law

Issue

Holding and Reasoning (Saeta, J.)

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