Spencer

People v. Spencer

Good Law
124 Cal. Rptr. 925·1975 Cal. App. LEXIS 1489·52 Cal. App. 3d 563
Court of Appeal of CaliforniaSeptember 30, 1975Crim. No. 14027California659 words

Opinion

Lead Opinion

Scott, J.

On this appeal from the granting in part of a motion pursuant to section 995 of the Penal Code, 1 the People contend that the trial court erred in holding that a bison is not a bovine animal within the meaning of subdivision 3 of section 487 of the Penal Code.

*565 Section 487 provides in relevant part: “Grand theft is theft committed in any of the following cases: ... 3. When the property taken is . . . any bovine animal. . . .” Provisions of the Penal Code are “to be construed according to the fair import of their terms, with a view to effect its objects and to promote justice.” (Pen. Code, § 4.) Statutory language is reasonably certain if it can be understood with the aid of reference to the dictionary. (People v. Medina (1972) 27 Cal.App.3d 473, 479 [ 103 Cal.Rptr. 721 ].)

The animals in question were bison or buffalo. The term “buffalo” includes “any of several wild oxen: as ... a member of the genus Bison:esp: a large shaggy-maned No. American wild ox . . . called also bison.” (Webster’s Third New Internat. Dist. (unabridged 1965) p. 290.) “Bison” is defined as “any of several large shaggy-maned usu. gregarious recent or extinct bovine mammals constituting the…

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