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COMMONWEALTH PENNSYLVANIA v. KEVIN B. BARRETT - COMMONWEALTH PENNSYLVANIA V. GEORGE EARL NORTHRUP - (11/06/81)

SUPERIOR COURT OF PENNSYLVANIA


November 6, 1981

COMMONWEALTH OF PENNSYLVANIA
v.
KEVIN B. BARRETT - APPELLANT; COMMONWEALTH OF PENNSYLVANIA V. GEORGE EARL NORTHRUP - APPELLANT

NO. 1816 PHILADELPHIA, 1980, NO. 1817 PHILADELPHIA, 1980, Appeals from the Orders of the Court of Common Pleas, Criminal Division, of Bradford County at Nos. 79-437CA and 79-438CA.

Before Wickersham, Popovich and Watkins, JJ.

MEMORANDUM OPINION:

This case concerns wild turkeys.

Section 701 of The Game Law provides as follows:

Except as otherwise provided in this act, it is unlawful for any person to take or kill or wound or attempt to take or kill or wound, or assist in the taking, killing or wounding of any game, except during the open season, or to have in possession, either living or dead, any game, or any part thereof, except game lawfully taken during the open season, which may be had in possession up to and including July first of the year immediately following.

The burden of proof that game, or any part thereof, found in possession of any person after the close of the open season was lawfully taken shall be upon the person in whose possession such game, or part thereof, is found.

This section does not prohibit the possession at any time of game killed or taken outside of this Commonwealth, or the possession of the tanned or cured skins, or any parts thereof, of birds or animals not unlawfully killed, or the possession of live raccoons when lawfully taken during the open season.

It is unlawful for any person to use any game that has been unlawfully killed or taken, or to aid or assist in the taking, possessing, concealment, or transportation of any game unlawfully killed, or to have in possession for any purpose whatsoever, or conceal the same, any game, or any part thereof, that has been unlawfully killed or taken.

Act of June 3, 1937, P.L. 1225, art. VII, § 701, as amended, 34 P.S. § 1311.701.

The penalty for killing, wounding, transporting or concealing, or having in possession a wild turkey is $50.00. Act of June 3, 1937, P.L. 1225, art. VII, § 731, as amended, 34 P.S. § 1311.731 (q) IV. (Supp. 1981-1982).

Instantly, Kevin B. Barrett and George Earl Northrup, appellants, were found guilty following a trial held Friday, January 18, 1980 at the Bradford County Courthouse before the Honorable Evan S. Williams, President Judge, of transporting and possessing a turkey killed in a closed season. The lower court imposed fines totaling $100 on each appellant for their violations of section 701 of The Game Law. Motions for new trial were argued and denied as to each appellant.*fn1

We have carefully reviewed appellants' brief, the oral argument of counsel and the law and we affirm the sentences of the lower court and adopt the opinion by President Judge Williams filed on August 12, 1980, in complete answer to and response to the allegations of error urged here in these appeals and such opinion may be used for allocatur purposes.*fn2

Orders affirmed.


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