Commonwealth v. Carl

Opinion by

Gawthrop, J.,

Appellant was convicted on the first count of an indictment which in due form charged that he “did keep .up and maintain a public or common nuisance, to wit: a vicious, ferocious and dangerous dog, to the annoyance, terror and fear of the neighborhood, passersby and the public.” The verdict of the jury was entered as follows: “We find the defendant guilty in manner and form as indicted. But cannot agree that the dog was vicious and ferocious, and recommend leniency.” The six assignments of error present two main contentions: (1) that it was error to impose sentence on…