P.C. 42.09 does not prohibit the killing of another person's horse. For purposes of that statute, is a zebra a horse? They are both of the same genus, but different species within that genus. Search for "zebra" in Westlaw and you will find a lot of references to nightclubs and nicknames. The only relevant case is from 1884, which sets forth the distinction made above.

I know I can still charge under criminal mischief, but I'm curious to know what others think. And, yes, we do have a bona fide zebra killer here in Ellis County!

Patrick, you need to put away the law book and find yourself a witness!

Seriously, a zoologist or veteriniarian ought to be able to testify they are different species and therefore not a horse.

I have seen one that was cross bred with a donkey at the Scarborough Faire in your neck of the woods.

Maybe there is caselaw distinguishing donkeys and horses--would that help? Might be a better probability than a zebra in Texas.

[This message was edited by JohnR on 07-26-07 at .]

Maybe this helps: "In this section, 'equine animal' includes horses, mules, asses, ponies, and other members of the horse family, but does not include zebras." Agriculture Code � 161.149 - Test for Equine Infectious Anemia.

Or this: "The expression 'an animal of the horse species' would, therefore, only include the animals known as stallions, geldings, mares, fillies and colts. It would not include any animal belonging to a distinct species, though of the same genus." Smythe/Martin v. State (17 Tex.App.244)

John, is Stacy's picture the thing you saw at Scarborough Faire? That's frightening. I guess I should have taken a couple of those Ag classes they offer at Texas A&M. The liberal arts degree I got there ain't doin' me much good right now. Oh, well. At least it's something different and novel!

"[P]ainting black lines on the sides of a horse and calling it a zebra does not make it one." U.S. v. Vazquez-Rivera, 135 F.3d 172, 177 (1st Cir.1998)

May I suggest that painting out the lines would likewise not turn the zebra into a horse?

Sorry for the horsey stuff -- I've spent nearly five years litigating a horse slaughter for human consumption case. I can tell you that under Texas law, the term "horsemeat" is statuorily defined to include meat from any animal in the entire genus equus. Chapter 149, Texas Agriculture Code. Horse, however, is not defined in that statute.

Sayings to avoid if you try the case: "That's a horse of a different color."

Have you looked at Parks and Wildlife Code Sec. 62.015? Among other things, it criminalizes hunting an exotic animal without the consent of the landowner. It is pretty clear that a zebra is an "exotic animal" under that statute. "Hunt" includes killing an animal per Sec. 1.101. This is a Class A offense w/a minimum fine of $500 per Sec. 12.404.

We have a fair amount of exotics and use P & W sections 61.022 and 62.015.

[This message was edited by JohnR on 07-26-07 at .]

Out in the Panhandle, we really only know cattle and horses (and the occasional ostrich or emu), but I'd swear no. 2 ain't a zebra. Or a donkey.

No. 2 bears a striking resemblance to a push me-pull you. But something is missing.

But is it a LLama or Alpaca? I never can tell the diference. Perhaps JAS, aka the Earl of Krum, can tell us.

Can't help with the "donkbra" or "Zedonk," (my names) but the two long-haired critters are llamas (taller, straight-backed, and banana-eared). Alpacas (or Alpacans as one of my colleagues likes to call them--for some reason known only to her!) are shorter, round-rumped, and straight-eared. Llamas can weigh up to 450 lbs and alpacas are usually under 200 lbs. Generally, the latter's fiber is vastly superior but the former can be more easily used for packing and driving carts too. They both belong to the camelid family (same as camels) and can interbreed. They both hum and kush and bear crias by way of criation--only one cria per year. We run 4 alpacas and 15 llamas along with our herd of 25 Boer goats under the name Lluddanu Legends. Visitors are welcome.

For some photos of llamas and their relations in their native habitat, have a look at this site:

http://www.mountlehmanllamas.com/chilephotos.html

JAS

[This message was edited by JAS on 07-29-07 at .]

What kind of a horse was Mr. Ed?

Before my time, but my answer would be "talking."

Breed, JR.

Mr. Ed was a smartass, JB. That's what kind of horse he was.

Easy one. Palomino.
I was an ag major....

Maybe not, Lisa. John switched from "kind" to "breed." (Midstream change of quiz question).

The Palomino is considered a color breed. Unlike the Appaloosa, which is a distinct breed that also happens to have a unique color, any breed or type of horse usually may be registered as palomino if they are properly golden-colored (though, for some registries, horses may also meet a conformation or type standard). The palomino cannot be a true breed, however, because palomino color is an incomplete dominant gene and does not breed "true;" A palomino crossed with a palomino may result in a palomino about 50% of the time, but could also produce a chestnut (25% probability) or a cremello (25% probability). Thus, palomino is simply a color allele and not a set of characteristics that make up a "breed."

Try American Saddlebred.

Palomino wins.