Selph v. Commonwealth

ELDER, Judge.

Ernest Leon Selph, Jr., (appellant) appeals from his bench trial conviction for obstruction of justice in violation of Code § 18.2-460(C), a Class 5 felony. The conviction was based on a threat he made toward a witness who testified against him in his trial for robbery. He made this threat after the witness had testified and the jury had returned a verdict of guilty. Thus, he contends, his threat did not constitute obstruction of justice because the witness was not “lawfully engaged in the discharge of his duty” at the time of the threat. He also contends the evidence was…