Commonwealth v. Trolene

I disagree with the majority’s construction of Section 5101, and also with its view of the admissibility of the conspirator’s out-of-court statement.

-1-

Section 5101 provides: “A person commits a misdemeanor of the second degree if he intentionally obstructs, impairs or perverts the administration of law or other governmental function . . . .” The majority says that “a corrupt, intentional attempt to influence a judge’s decision in a pending criminal case . . . . [is] sufficient to prove the charge of obstruction of justice under § 5101.” Majority opinion at 1204.1 Thus the majority construes…