Legal Opinion · Dissent

Commonwealth v. Baker

Superior Court of Pennsylvania

Decided December 23, 1998Published

1DissentOrie Melvin, J.

I believe appellant’s conduct clearly constituted a threat and therefore violated the trial court’s order. Furthermore, I believe the majority’s holding eviscerates the purpose and goals of the Protection from Abuse Act, 23 Pa.C.S.A. §§ 6101-6118.

The issue in this case is whether appellant violated the PFA order by stating, “I’m going to kill this bitch.” The majority engages in a discussion of what constitutes a threat only to conclude, what is exceedingly obvious, that the instant statement “can be viewed as threatening in nature.” Despite this ac-knowledgement, the majority maintains that…

2Cases cited7 opinions

  1. United States v. BaishDistrict of Columbia Court of Appeals · 1983
  2. State v. AlstonHawaii Supreme Court · 1994
  3. Cipolla v. CipollaSuperior Court of Pennsylvania · 1979
  4. Commonwealth v. AshfordSuperior Court of Pennsylvania · 1979
  5. Eichenlaub v. EichenlaubSupreme Court of Pennsylvania · 1985

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