Commonwealth v. LaBar

Citations

• 32 Pa. Super. 228
• 1906 Pa. Super. LEXIS 325

Syllabus

<p>Forest laws — Illegal cutting of timber — Penalty—Misdemeanor—Indictment — Evidence—Act of February 25, 1901, P. L. 11.</p> <p>The word “timber” as used in the Act of February 25,1901, P. L. 11, is not confined to trees of such size that planks, boards, shingles and other lumber may be made therefrom. It applies to saplings, and other small growing woods on the lands of the commonwealth.</p> <p>The penalty imposed for a violation of the Act of February 25, 1901, P. L. 11, is enforceable by indictment and trial in the court of quarter sessions as in the case of other misdemeanors. In the absence of any provision in the act, a justice of the peace has no jurisdiction to enforce the penalty by summary conviction.</p> <p>In a prosecution for violation of the Forestry Act of February 25, 1901, sec. 2, P. L. 11, the commonwealth is not required to aver and prove that the defendant wilfully, maliciously and knowingly cut the timber described in the indictment. If the defendant cut the timber, it is immaterial what his intent may have been.</p>