Commonwealth v. Robinson

By JUDGE ROBERT K. WOLTZ

The defendant appeals from the District Court on its conviction of him on a warrant charging his violation of § 8-886. That section makes it "unlawful" for the owner thereof to allow certain animals "to run at large beyond the limits of his own lands" in an area where property boundary lines have been declared a lawful fence. Though this statute declares the act to be unlawful, it does not declare it to be a misdemeanor or felony, nor does it specify any punishment therefor.

The defense moves to dismiss the prosecution on the ground that § 8-886, failing to declare the…