John Dixon O'Malley v. Commonwealth of Virginia

CLEMENTS, Judge.

By summons issued pursuant to Code § 3.2-6540, John Dixon O’Malley (appellant) was ordered to respond to an allegation that he was the owner of a dangerous dog. At a jury trial, the Commonwealth presented evidence that appellant’s dog attacked and injured the dog of Randall Powell. At the conclusion of the proceeding, the jury found appellant’s dog to be a dangerous dog as set forth in Code § 3.2-6540. On appeal of this finding, appellant contends the trial court erred: 1) in denying his motion to dismiss the proceeding because § 10-1 of the Code of the City of Richmond…