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By CINDY MAHAN
Rappahannock New* Staff Writer ! In a misdemeanor appeal trial in ' Rappahannock County Circuit Court ;last week, James Costello, 45, of ; Huntly, was found not guilty of maliciously shooting a dog. Mr. Costello I had been found guilty of the charge ! in General District Court on June 7. ; The scene of the shooting actu;ally took place in Fauquier County, just across the Rappahannock River iin Huntly, which is the county boundary. However, under Virginia ;law, explained Commonwealth’s Attorney Peter Luke, a potential crime may be prosecuted in either bordering county if it occurred within !300 yards of the boundary line. [ According to testimony, the shoot; ing did occur well within 300 yards of > the boundary. ! The shooting occurred on April 1. i Frank Keyser of Luray was coon ! hunting with three dogs on property ; belonging to Mary Jane Swift, which • is adjacent to Mr. Costello’s prop! erty in Huntly. Molly Baldwin, a I neighbor of Mr. Costello’s, testified, ;“We heard quite a commotion. It • sounded like two or three dogs. I thought maybe Mr. Costello’s animals (cattle) were in trouble. I felt like something was hurt out there. I called him and said they might be threatening his animals. ”
Mrs. Baldwin said that she heard Mr. Costello tell his wife, “Judy, get my gun.”
Mrs. Baldwin’s husband,, Michael, also testified that he heard the dogs. “We heard dogs howling and barking, coming from near the river, f We were concerned for our goats. I
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