Henrico County v. Cherry

By JUDGE E. BALLARD BAKER

A motion to strike the evidence of the County was taken under advisement by the Court and, following a jury verdict of guilty, was appropriately renewed. In the view of the Court, the question is whether there is sufficient evidence to support a finding that the defendant allowed the dogs to run at large.

In McDiarmid v. Commonwealth, 184 Va. 478 (1945), the Court indicated that "allow" in a criminal proceeding means "to permit, consent to, or approve . ..." It approved a definition which said, "To allow a thing to be done is to acquiesce in or tolerate, knowledge,…