People v. Lee

Defendant was convicted, after jury trial, of 4 counts of aggravated cruelty to a companion animal, after 4 horses were found in deplorable conditions in a barn. Evidence was sufficient to find Defendant guilty of aggravated cruelty beyond a reasonable doubt, with evidence of gross deprivation of food and water, humane treatment, and veterinary care. Court committed reversible error by failing to instruct jury on lesser-included offense of violation of owner's duties statute. There was no evidence that Defendant was on the property during time at issue, and jury reasonably could have accepted Defendant's argument that he was an absentee, unknowing owner, and thus lacked requisite intent. (HOWSE and COBBS, concurring.)