Beasley v. Sorsaia (Signed Opinion)
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The Supreme Court affirmed the order of the circuit court granting a writ of prohibition to prevent the magistrate court from dismissing the charge against Petitioner of animal cruelty in violation of W. Va. Code 61-8-19, holding that the writ of prohibition was properly granted.
A county humane officer searched Petitioner's premises pursuant to a warrant and seized several horses and a donkey. Petitioner was charged with animal cruelty under W. Va. Code 61-8-19. Petitioner filed a motion to dismiss, arguing that section 61-8-19 does not apply to livestock. The magistrate court agreed and dismissed the charge. The State sought a writ of prohibition to prevent the magistrate court from dismissing the charge. The circuit court granted the writ. The Supreme Court affirmed, holding that the circuit court properly held that section 61-8-19(f) establishes an exclusion for farm livestock only when they are "kept and maintained according to usual and accepted standards of livestock...production and management."
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