Futch v. State
314 Ga. App. 294
Ga. Ct. App.2012Background
- Futch was convicted by a jury of cruelty to animals under OCGA § 16-12-4(b) after trial.
- The neighbor's Labrador retriever went missing; Futch admitted shooting the dog because it allegedly bothered his goats.
- Multiple witnesses testified Futch had a reputation for shooting dogs and had admitted killing dogs to protect his goats.
- In defense, Futch and an eyewitness testified the dog he killed was not the Labrador and that it threatened the goats.
- The trial court addressed issues including sufficiency of the evidence, jury instruction regarding self-defense of property, restitution, and a possible supersedeas bond.
- The Court of Appeals affirmed, concluding no error in the challenged rulings or procedures.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for conviction | Futch killed the wrong dog or did so to defend himself | Dog was not the Labrador; killing was mischaracterized as cruelty | Evidence sufficient to sustain conviction |
| Jury instruction on defense of property | Charge omitted necessity for self-defense of property | Charge permitted defense of livestock | No plain error; charge consistent with law |
| Restitution procedure and FMV | Procedural deficiencies and wrong FMV | No reversible error; FMV supported by expert and statute changes | Restitution valid; no reversible procedural error; FMV properly found at $3,000 |
| Supersedeas bond | Moot due to affirmance |
Key Cases Cited
- Avera v. State, 228 Ga. 571 (1972) (direct evidence admissibility and admissions against penal interest)
- Willis v. State, 201 Ga.App. 182, 410 S.E.2d 377 (1991) (circumstantial evidence standard; reasoning for excluding other hypotheses)
- Teal v. State, 282 Ga. 319, 647 S.E.2d 15 (2007) (admissions against penal interest and sufficiency considerations)
- Mayfield v. State, 307 Ga.App. 630, 705 S.E.2d 717 (2011) (valuation of property; opinion evidence required foundation)