Commonwealth v. Holstein

Dissenting Opinion by

KLEIN, J.:

¶ 1 It is undisputed that Kristine Holstein was only a spectator at the drag race. Therefore, the narrow issue is whether merely being a spectator fits within the statutory prohibition of 75 Pa.C.S.A. § 3367(b) that “no person shall in any manner participate in any such race, competition, contest, test or exhibition.” [Emphasis supplied.]

¶ 2 I believe the answer has to be “no” for two reasons, and accordingly am compelled to dissent: first, because the legislature could have said “spectator” if it wished to criminalize merely being a spectator, as can be seen in…