Commonwealth v. Dryfoos

Valentine, P. J.,

— Defendant was summarily convicted and fined $10 and costs for the violation of section 718 of The Game Law of June 3, 1937, P. L. 1225.

An appeal was allowed to this court. When the case was called for hearing, defendant’s counsel moved “to dismiss the proceedings on the ground that the act mentioned above, and involved in this proceeding, is *174illegal and unconstitutional and assuming the charge to be true the defendant has not committed any criminal act.”

The specific contentions upon which the motion is based, as embodied in defendant’s petition for appeal, are:

1. “That…