Commonwealth v. Burkholder

OPINION

McDERMOTT, Justice.

Appellant, the Commonwealth of Pennsylvania, appeals from the order of the Superior Court vacating the judgments of sentence imposed upon appellees, Ricky Lee Burk-holder and Harvey L. Burkholder, by the Court of Common Pleas of Cumberland County (Hess, J.).

The facts of this case as found by the trial court are as follows. On December 14, 1987, the first day of doe hunting season, Kathy and Bruce Davis observed appellee Harvey L. Burkholder get out of his pickup truck with a shotgun and shoot three times across a public roadway at three deer running in a field on the…