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Need a little clarification. PC 42.10(a)(1) calls dog fighting a class a misdemeanor. PC 42.09(a)(6) calls one animal fighting another as a state jail. Since a dog is an animal, I believe I can charge dog fighting as a felony. Is this correct?
 
Posts: 96 | Registered: May 19, 2003Reply With QuoteReport This Post
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Someone correct me if I'm wrong, but when an act falls under 2 statutes, and one statute is more specific than the other, you must charge under the specific statute.
 
Posts: 1089 | Location: UNT Dallas | Registered: June 29, 2004Reply With QuoteReport This Post
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Are you referring to the doctrine of "in pari materia"?
 
Posts: 53 | Location: Arlington TX USA | Registered: October 29, 2004Reply With QuoteReport This Post
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I forgot Latin after high school. Razz All kidding aside, yes, I believe that's the term.
 
Posts: 1089 | Location: UNT Dallas | Registered: June 29, 2004Reply With QuoteReport This Post
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Appears prosecutors in Dallas did something similar in CAREY DEUNDRA MCMILLIAN, Appellant v. THE STATE OF TEXAS, Appellee, 2005 Tex. App. LEXIS 9203. They appeared to charge torture or killing/serious injury. They also charged dogfighting. Did dogfighting use to be a felony?
 
Posts: 96 | Registered: May 19, 2003Reply With QuoteReport This Post
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I think some dog fighting offenses under that section are state jail felonies, while others are misdemeanors.
 
Posts: 2413 | Location: TDCAA | Registered: March 08, 2002Reply With QuoteReport This Post
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On a related note, CCP Art. 18.18, which authorizes the confiscation and forfeiture of dog-fighting equipment, seems to be worded broadly enough to apply in either case.
 
Posts: 245 | Location: Austin, Texas | Registered: July 08, 2003Reply With QuoteReport This Post
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