State v. Anthony
New Hampshire Supreme Court
861 A.2d 773 (2004)
Facts
Virginia Anthony (defendant) was indicted in New Hampshire Superior Court on a charge of felony accomplice to cruelty to animals. The indictment was based on allegations that Anthony had helped her husband to tie up a horse’s legs, which resulted in the horse experiencing pain and suffering when it tried to free itself. At the request of the prosecution (plaintiff), the court instructed the jury that Anthony could be found guilty of the lesser included charge of accomplice to negligent cruelty to animals. Anthony was acquitted by the jury of the felony charge but was convicted on the lesser included offense of accomplice to negligent cruelty to animals. Anthony appealed the jury conviction, arguing that under New Hampshire law there was no crime for accomplice to negligent cruelty to animals.
Rule of Law
Issue
Holding and Reasoning (Nadeau, J.)
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