Commonwealth v. Brann

Opinion by

Linn, J.,

This case was here before on defendant’s appeal from summary conviction: 78 Pa. Superior Ct. 345. When the record was returned, defendant was tried de novo in the quarter sessions and was discharged. He has maintained a slaughterhouse in the borough for more than thirty years. If his use of his property for that purpose had become a public nuisance, or has otherwise become prejudicial to public health, familiar and appropriate remedies were and remain available. Instead of pursuing them, this prosecution was begun, defendant being charged, as the trial judge states, “with…