State v. Leonard

470 A.2d 1262, 1984 Me. LEXIS 602
CourtSupreme Judicial Court of Maine
DecidedJanuary 6, 1984
StatusPublished
Cited by6 cases

This text of 470 A.2d 1262 (State v. Leonard) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Leonard, 470 A.2d 1262, 1984 Me. LEXIS 602 (Me. 1984).

Opinion

McKUSICK, Chief Justice.

On November 8, 1982, the District Court (Augusta), acting pursuant to 12 M.R.S.A. § 7504(6)(D) (1981), 1 ordered defendant Eric Leonard to bring his black bull mastiff (“Tucker”) to a game warden to be killed. The Superior Court (Kennebec County) on appeal affirmed the District Court’s order and Mr. Leonard now appeals to this court. *1263 Finding that the District Court had jurisdiction to order the dog killed and that the court followed applicable procedural requirements, we affirm.

On September 30, 1982, Tucker escaped from the Leonard residence and ran to a neighbor’s front yard. There Tucker attacked the neighbor’s pet black miniature poodle (“Bonnie”), which was leashed to a runner. In the few seconds that elapsed before Mr. Leonard could extricate Bonnie from Tucker’s mouth, she was severely crushed. Although Bonnie was rushed to a local veterinarian, she was pronounced dead on arrival. The veterinarian later indicated that Bonnie died from severe lacerations and massive internal hemorrhaging.

On October 14, 1982, an assistant district attorney moved the District Court to issue a warrant to Eric Leonard to show cause why Tucker should not be killed. This unsworn request, signed by the assistant district attorney, stated the' substance of the facts recited above. On October 15, 1982, the District Court granted the request and issued a warrant ordering Mr. Leonard to appear on November 4,1982, to show cause why Tucker should not be killed. At the November 4, 1982, hearing defendant appeared pro se and fully participated. He made no objection to the District Court’s jurisdiction over him. The District Court conducted a full evidentiary hearing, at which the State as plaintiff or moving party was required by the court to bear the burden of proof. It presented Bonnie’s owner and other live witnesses, and Mr. Leonard testified on his own behalf. In a three-page opinion and order the District Court on November 8 ordered Mr. Leonard to release custody of Tucker to a designated game warden to be killed by intravenous injection by a veterinarian. Subsequently, on November 12, 1982, Mr. Leonard, now appearing through an attorney, moved for stay of execution and for further findings of fact in answer to specific questions, but did not contest the court’s personal jurisdiction over Mr. Leonard. On November 16, 1982, the District Court issued a four-page order granting stay of execution pending appeal and in answering the attorney’s specific questions stated, inter alia, that the proceeding was a civil one in which the State bore the burden of proving its case by a preponderance of the evidence.

I.

At oral argument, this court on its own initiative raised for the first time the question of the District Court’s subject matter jurisdiction over this action. This question is prompted by the century-old case of State v. Harriman, 75 Me. 562 (1884), which held that a dog is not a domestic animal under a statute that authorized the imposition of substantial criminal penalties (e.g., up to 4 years’ imprisonment) for a human being who killed a domestic animal. We conclude that, whether or not Harriman has any continuing validity in construing criminal statutes such as the one there involved, it does not control our interpretation of section 7504(6)(D).

In order for the District Court to have subject matter jurisdiction over the State’s request for a warrant, it is necessary to find that Bonnie, the miniature poodle that Tucker killed, fell within the statutory category of protected animals: “any domestic animal, livestock, poultry, fowl or furbear-ing animal legally in captivity.” 12 M.R. S.A. § 7504(6)(D). There can be no question but that Bonnie in fact was domestical ed within the common meaning of that term. In order to hold that the District Court lacked jurisdiction over this proceeding, it would be necessary to find that the legislature intended to exclude all dogs, as a class, from the range of domestic animals protected by section 7504(6)(D).

There is no reason why the term “domestic animal,” as it appears in section 7504(6)(D), should be given anything other than its common meaning. P.L. 1979, ch. 420, which enacted that section, contemplates that a common meaning will be given to this and other terms. For example, section 7001(40) of the same enactment provides that “ ‘wild animal’ means a species of *1264 mammal, wild by nature, whether or not bred or reared in captivity, as distinguished from the common domestic animals ... (Emphasis added) P.L. 1979, ch. 420 is not a mere reeodification of prior statutory law. Rather, it is a complete revision of the inland fisheries and wildlife laws, covering 140 pages of the 1979 session laws. Therefore, we give the words of P.L. 1979, ch. 420 their meaning as of 1979. Whatever may have been the case in the nineteenth century, all persons recognize that today household dogs are domesticated. See 3A C.J.S. Animals § 5 (1973); Webster’s New World Dictionary 414 (2d ed. 1976). With the possible exception of cats, dogs are now the most common of all domestic animals.

As was said in People v. Scher, 55 Misc.2d 754, 286 N.Y.S.2d 770, 772 (N.Y.Crim.Ct.1968):

[The dog] is the friend and companion of his master and an inmate of his house. It may be said that he was once wild, but so were horses, sheep and cattle. Yet, of all these animals reclaimed by man, the dog alone became domesticated in the home.

The household dog has been trained to answer his master’s call and peaceably inhabit the home, and has been groomed and bred to suit the differing preferences of the world’s many dog owners and fanciers. In particular, the poodle breed of dogs is domesticated to such an extent that it would be preposterous to contend that a pet poodle is a wild animal.

The wording and evident purpose of section 7504(6)(D) suggest that the term “domestic animal,” as used therein, encompasses household pets. It is an accepted canon of statutory construction that some meaning should be attached to all terms unless to do so would lead to illogical results. See Labbe v. Nissen Corp., 404 A.2d 564, 569 (Me.1979); State v. Tullo, 366 A.2d 843, 848 (Me.1976). By expressly including “any domestic animal, livestock, poultry, fowl or furbearing animal legally in captivity,” the legislature gave section 7504(6)(D) a broad scope. The separate references to “livestock,” etc., indicate that the term “domestic animal” includes animals other than those falling in one of the specifically listed subcategories of domestic animals. Any other reading of this section would render the term “domestic animal” mere surplusage. Household pets are the most obvious example of a domestic animal that is not “livestock, poultry, fowl or other furbearing animal legally in captivity.”

P.L. 1979, ch. 420, the legislation enacting section 7504(6)(D), was designed both to provide protection against dangerous dogs and to protect tame dogs from injury or death. For example, P.L. 1979, ch.

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470 A.2d 1262, 1984 Me. LEXIS 602, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-leonard-me-1984.