Commonwealth v. Kneller

CONCURRING OPINION BY

CLELAND, J.:

¶ 1 I concur. The remand order from the Supreme Court essentially compels the result the majority reaches.

¶ 2 However, the brutal facts of this case notwithstanding, one could argue after this ruling the responsible owner of an aggressive dog risks prosecution and a sentence of six to twelve months in jail for the act of humanely euthanizing an animal which the owner determines presents a risk to humans.

¶ 3 This is a result that clearly calls out for legislative attention to address the interplay among the Crimes Code, The Animal Destruction Method Authorization Law and The Dog Law.