A judge Tuesday ordered a Lawrence man to stand trial in a case that will be the first test of a new state law that makes animal cruelty a felony.

Austin Newport will go on trial Aug. 22 for the death of Melvin, a lop-eared bunny whom Newport owned with his roommate.

A witness testified Tuesday that he watched Newport put a plastic grocery bag around the rabbit’s head several times, in an attempt to suffocate the animal. The incident occurred in late July. The rabbit died a day later.

The defense contends Newport was committing an act of mercy – attempting to put an end to a sick animal’s suffering.

But a local veterinarian took the stand, saying the rabbit showed no signs of illness, and an animal control officer testified that Newport told her he simply couldn’t care for the animal any longer, and was going to eat it.