Blessitt v. Commonwealth

SIMS, Judge.

Appellant, Gilbert Blessitt, was convicted of the common law offense of maintaining a public nuisance in operating a garbage dump, and his punishment was fixed at a fine of $500 and 30 days in jail. The trial court also entered an order directing appellant to abate the nuisance although he had not owned the land or operated the dump for more than eight months prior to his trial and conviction. On his motion for an appeal appellant seeks to reverse the judgment because: 1. The court erroneously instructed the jury; 2. the evidence does not sustain his conviction.

One instruction of…