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COMMONWEALTH v. SMITH

No. 2 Summary Appeal 1990.

10 Pa. D. & C. 4th 174 (1990)

Commonwealth v. Smith

Common Pleas Court of Mercer County, Pennsylvania.

July 30, 1990.

Attorney(s) appearing for the Case

Thomas Scott Moore, assistant district attorney, for the Commonwealth.

Jack W. Cline, for defendant.

ACKER, P.J., July 30, 1990.

We have for consideration two cases involving the interpretation of section 2310 of the Game and Wildlife Code. Defendants concede that they fall under the classification of 34 Pa.C.S. §2310(a)(1), a fifth-degree summary offense.

On November 25, 1989, Phyllis R. Dandruff and James Donatelli were employed by the state to enforce the Game Laws. They were on "night patrol...

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