Baniqued

Confronting here a scene of undeniable horror, it brings to mind the cogent observation of Mark Twain that “[man] is the only creature that inflicts pain for sport, knowing it to be pain.” (2 Twain [Samuel Langhome Clemens], Autobiography (1924) p. 7.) In this case we hold that a rooster or other bird falls within the statutory definition of “every dumb creature” (Pen. Code, § 599b) and thus qualifies as an “animal” for purposes of the animal cruelty statutes found at Penal Code section 597, subdivisions (a) and (b). We therefore affirm the judgments, including defendants’ felony convictions under those animal cruelty statutes for crimes related to cockfighting.

Procedural Background

A jury found defendant Modesto Ruiz Baniqued guilty of three felony violations of the animal cruelty statutes: maliciously and intentionally maiming, torturing or wounding living animals, to wit, roosters (§ 597, subd. (a), count 1); subjecting animals to needless suffering (§ 597, subd. (b), count 2); and cruelly killing live animals, to wit, roosters (§ 597, subd. (b), count 3).

Baniqued was also found guilty of four misdemeanors: permitting cocks to fight on premises under his charge or…