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Commonwealth v. Bidelspacher

Under the Pennsylvania Game and Wildlife Code, the term "kill" for purposes of determining whether the defendant had violated the provision requiring him to report a killing of wildlife within 24 hours, does not encompass a mortal wound, and thus defendant could not be prosecuted under the code when he had shot at and wounded, but did not kill, a fawn.

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Submitted: December 6, 2000

George J. Bidelspacher (Appellant) appeals from the February 9, 2000 order of the Court of Common Pleas of Lycoming County (trial court), which found Appellant guilty beyond a reasonable doubt of summary violations of sections 2122, 2126(a)(3) and 2305(a) of the Game and Wildlife Code *fn1 (Game Law). We affirm in part and reverse in part.

At a hearing before the trial court, Terry D. Wills, an employee of the Pennsylvania Game Commission (Game Commission), presented the following testimony. On August 12, 1999, at 6:30 p.m., Wills climbed a pine tree along the edge of a cornfield that was being farmed by Appellant. (N.T. at 10-11.) At 7:30 or 7:45 p.m., Wills heard a vehicle approaching and a door closing. Wills then observed Appellant walking along the edge of the cornfield carrying a rifle with a scope. (N.T. at 14.) Appellant looked across the cornfield, stopped, raised the rifle, placed the rifle butt on his shoulder, pointed the rifle and fired a shot. Wills then saw several deer running towards his location. Appellant continued walking until Wills lost sight of him. (N.T. at 20-21.)

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