By the common law as well as by statutes it is a criminal offense to shoot, wound or kill domestic animals found trespassing upon one's premises. The owner of the premises may use the necessary force in expelling trespassing animals from his premises, but the law forbids him to inflict an unnecessary injury upon the animals.292

Such unnecessary injury or killing will render one liable to a criminal prosecution.293

It has been held, however, that one may kill trespassing animals if necessary to preserve his own property.294

The infliction of suffering or cruelty or death to any useful beast, fowl or animal for amusement or sport, is a violation of a statute prohibiting torture or cruelty to animals.295

A statute against cruelty to animals includes dog-fighting and cock-fighting for sport.296

A mule is a domestic animal.297

Under a statute for killing or abusing "any horse, mule, hog, sheep, or other cattle," and other domestic quadrupeds, is included a goat.298

Dogs come within the term "dumb animals,"

290 State vs. Watts, 48 Ark., 56;

State vs. Simpson, 2 Hawks (9 N. C), 460. 291 State vs. Wilson, 3 Mo., 125;

State vs. Watt, 48 Ark., 56. 292 State vs. Snapp, 19 Ill., 80. 293 Thompson vs. State, 67 Ala., 106;

Snapp vs. People, 19 Ill., 80. 294 Hoge vs. State, 11 Lea (Tenn.), 528; Stephens vs. State, 65

Miss., 329; Hughes Cr. Law, Sec. 795. 295 State vs. Neal, 120 N. C, 613; but see Com. vs. Lewis, 140 Pa.

St., 261. 296 Com. vs. Thompson, 113 Mass., 457; Finnem vs. State, 115

Ala., 106. 297State vs. Gould, 26 W. Va., 258. 298 State vs. Groves, 119 N. C, 822.

and therefore one who wilfully kills a dog commits an offense.299

But the setting of a trap to catch depredating dogs coming on one's premises is not an offense.300

Tame lions, sea gulls, or rabbits, reduced to confinement, do not come within the statute.301 Pet birds, such as parrots, canary or linnet, kept in captivity, are included within the statutory words, "any horse, mare, gelding, bull, ox, cow, heifer, steer, calf, mule, sheep, lamb, hog, pig, sow, goat, dog, cat, or any other domestic animal."302 Geese, chickens or other domestic fowls are included in domestic animals.303