COMMONWEALTH v. MAINERO

No. 34.

21 Pa. D. & C. 2d 239 (1960)

Commonwealth v. Mainero

Common Pleas Court of Luzerne County, Pennsylvania.

March 14, 1960.


Attorney(s) appearing for the Case

Stephen A. Teller, District Attorney, and Vincent M. Quinn, First District Attorney, for Commonwealth.

Frank J. Gormley, for defendant.

Before Aponick, P. J., Flannery and Lewis, JJ.


APONICK, P. J., March 14, 1960.

Defendant was indicted for a violation of section 941 of The Penal Code of June 24, 1939, P. L. 872, 18 PS §4941, in that he "did willfully, maliciously and unlawfully kill a domestic animal of another person, to-wit, a female beagle dog . . ." Defendant has moved to quash the indictment, contending that it does not charge a crime under the statute. He relies upon section 101 of the Statutory Construction Act of May 28, 1937, P...

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