Commonwealth v. Payne

OPINION BY

MUSMANNO, J.:

¶ 1 Milton Charles Payne (“Payne”) appeals from the judgment of sentence imposed after he was convicted of shooting on or across highways. 1 We vacate the judgment of sentence.

¶2 On December 5, 2008, Payne was hunting deer, with some other persons, in Spring Township, Crawford County, Pennsylvania. On that day, Payne parked his vehicle on the west side of Center Road, got out of the vehicle, and walked 75 feet north. See N.T., 4/24/09, at 40, 49. He crossed a ditch and took up a position by a large tree that was eighteen feet from the edge of North Center Road. Id. at…