COM. v. BURKHOLDER


528 Pa. 119 (1991)

595 A.2d 59

COMMONWEALTH of Pennsylvania, Appellant, v. Ricky Lee BURKHOLDER and Harvey L. Burkholder, Appellees.

Supreme Court of Pennsylvania.

Decided August 14, 1991.


Attorney(s) appearing for the Case

Shawn C. Wagner, Asst. Dist. Atty., for appellant.

Arthur McDermott, Carlisle, for appellee.

Before NIX, C.J., LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and CAPPY, JJ.


OPINION

McDERMOTT, Justice.

Appellant, the Commonwealth of Pennsylvania, appeals from the order of the Superior Court vacating the judgments of sentence imposed upon appellees, Ricky Lee Burkholder and Harvey L. Burkholder, by the Court of Common Pleas of Cumberland County (Hess, J.).

The facts of this case as found by the trial court are as follows. On December 14, 1987, the first day of doe hunting season, Kathy and Bruce Davis observed appellee...

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