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COM. v. PAYNE

No. 866 WDA 2009.

995 A.2d 1239 (2010)

COMMONWEALTH of Pennsylvania, Appellee v. Milton Charles PAYNE, Appellant.

Superior Court of Pennsylvania.

Filed May 25, 2010.

Attorney(s) appearing for the Case

Harry F. White, II, Meadville, for appellant.

Angela N. Erde, Asst. Dist. Atty., for Com., appellee.

BEFORE: MUSMANNO, BENDER and BOWES, JJ.

OPINION BY MUSMANNO, J.:

¶ 1 Milton Charles Payne ("Payne") appeals from the judgment of sentence imposed after he was convicted of shooting on or across highways.1 We vacate the judgment of sentence.

¶ 2 On December 5, 2008, Payne was hunting deer, with some other persons, in Spring Township, Crawford County, Pennsylvania. On that day, Payne parked his vehicle on the west side of Center Road, got out of the vehicle,...

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