644 CRUELTY AND MALICIOUS MISCHIEF. 



to the state of mind of the actor." '•"' The cruel act is prop- 

 erly charged as "unlawfully and wilfully done." "" But 

 under the Kansas statute, it has been held that the complaint 

 must charge the specific acts relied on, and that it was not 

 sufificient to charge that the defendant "did unlawfully over- 

 drive and kill two animals." "^ 



Where the information states the means employed in the 

 commission of the offense, it need not describe the injury 

 inflicted on the animal, where the statute itself does not do 

 so."^ But an indictment under a statute prohibiting the tor- 

 ture of an animal, which merely charged that the defendant 

 tied brush or boards to the horse's tail, and did not aver the 

 effect of the act, was held insufficient, as such an act does not 

 necessarily produce torture.^^^ Where the statute makes 

 one guilty of cruelty to animals in his charge who unneces- 

 sarily fails to provide them with food, drink and shelter, the 

 word "unnecessarily" is a material part of the charge and a 

 count failing to contain that word or its equivalent will be 

 quashed on motion. ^^^ 



It is not necessary to allege the ownership of the animal; ^'* 

 nor its value,^^* unless the statute makes the value the basis 

 of the verdict.^^^ But the value of the animal before and 

 after the alleged cruelty is proper evidence of the nature of 

 the treatment."^ The value of the animal in the immedi- 

 ate neighborhood and at near and accessible markets may be 

 proved."* And a witness acquainted with the animal be- 



'" Com. V. Porter, 164 Mass. 576. "° State v. Allison, 90 N. C. 733. 



'" State V. Patterson, 6 Kan. App. 677. 



"" State V. Giles, 125 Ind. 124. 



"= State V. Pugh, 15 Mo. 509. "* Ferrias v. Peo., 71 111. App. 559. 



""Grise r. State, 37 Ark. 456; State v. Brocker, 32 Tex. 611; Com. v. 

 McClellan, loi Mass. 34. 



In Maine, by statute, the custody only need be alleged or proved: State 

 I'. Clark, 86 Me. 194. And see State v. Spink, 19 R. I. 353. 



'" Grise v. State, supra; Caldwell v. State, 49 Ala. 34. 



"' State V. Garner, 8 Porter (Ala.) 447. 



"" McKinne v. State, 81 Ga. 164. "" Walker v. State, 89 Ala. 74. 



