Wilson v. Commonwealth

Clifford M. Wilson and Russell Wayne Burks were tried jointly by a jury and found guilty of attempting to kill deer at night by use of headlights in violation of Code § 29-144.2; punishment was fixed at payment by each of a fine of $500. The trial court entered judgment on the verdict. On appeal, as at trial, Wilson and Burks challenge the constitutionality of the statute and the admissibility of certain evidence.

Code § 29-144.2 provides in pertinent part:

§ 29-144.2 Killing deer or elk by use of certain lights; acts raising presumption of attempt to kill. — Any person who kills or attempts to…