Hamilton v. Commonwealth

Opinion by

Judge Palladino,

Gary A. Hamilton (Petitioner) appeals from a decision of the Crime Victims Compensation Board (Board) denying his claim for compensation.

The facts are not in dispute. On December 8, 1984 Petitioner was shot in the right thigh by a hunter, John L. Barton, who shot Petitioner believing him to be a deer. Barton was convicted of violating section 825(b) of The Game Law1 (Game Law), which section is titled “shooting at human beings in mistake.” In December of 1985 Petitioner filed a claim with the Board, alleging Barton had committed the crimes of simple assault2 and…