Dissenting Opinion by
Judge- Colins:I must respectfully dissent. Bartons actions, as alleged, would clearly constitute violations of 18 Pa. C. S. §§2701(2) and 2705. The fact that the District Attorney, in a valid exercise of prosecutorial discretion chose to proceed pursuant to sections of the Game Code, cannot nullify the fact that the actions committed would be violations of the Crimes Code if proven in court.
I would reverse the determination of the Board.