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Judges uphold felony conviction for kicking cat

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The Indiana Court of Appeals affirmed an Allen County man’s conviction of Class D felony torturing or mutilating a vertebrate animal, finding sufficient evidence that the man knowingly or intentionally mutilated a cat that somehow got into his house.

Larry Knox tried to get the cat out by opening the front door and kicking it outside. He kicked the cat so hard that it knocked out the cat’s front tooth, causing it to go flying out of its mouth. The cat then ran into the bedroom, where he chased it and kicked it a couple more times. Then Knox called animal control.

Knox told the animal control officer that he didn’t like cats and that he was not threatened by the cat. He even joked how far the tooth had flown from the cat. A veterinarian who examined the cat said it would take a lot of force to knock out the tooth and the cat must have been sitting or crouched down when the incident occurred. Based on the cat’s behavior, the veterinarian and animal control officer concluded she was not feral.

Knox argued that he kicked the cat only after it “came straight at me,” but he was found guilty and sentenced to one year in the Department of Correction.

In Larry D. Knox v. State of Indiana, 02A03-1312-CR-491, the Court of Appeals noted that the mens rea element of I.C. 35-46-3-12(c), under which Knox was found guilty, has not been addressed by an Indiana appellate court yet. But it’s been well established that a person engages in conduct intentionally if, when he engages in the conduct, it is his conscious objective to do so. And engaging in conduct “knowingly” occurs when the person is aware of a high probability that he is engaging in the conduct.

The evidence most favorable to the judgment shows that Knox knowingly or intentionally mutilated the cat. The judges declined to reweigh the evidence, noting they are in no position to challenge the fact-finder’s assessment of Knox’s credibility on appeal.  
 

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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