This section contains the nature of the case and procedural background.

Putch (D) was being driven by an employee when they struck a large collie dog. After hesitating only briefly, the car drove on. D instructed the driver to continue without helping the dog. The driver of the vehicle was not driving negligently. D was charged with the wanton abuse of an animal. The information specifically charged D with operating the vehicle on a public highway. D was convicted and appealed; he was not operating the car when the crime occurred, and vicarious liability for the act of his agent could not be imposed upon him.

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