No. 233 Philadelphia, 1982, Appeal from Judgment of Sentence of the Court of Common Pleas, Criminal Division, of Philadelphia County, No. 81-07-252.
Harold Diamond, Philadelphia, for appellant.
Alan Sacks, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.
Wickersham, Wieand and Lipez, JJ.
[ 321 Pa. Super. Page 554]
Marvin Young was tried non-jury and was found guilty of intimidating a witness or victim. On direct appeal from the judgment of sentence, Young contends that the evidence was insufficient to support the verdict and that the trial court erred in receiving evidence of prior criminal activity. There is no merit in these contentions; and, therefore, we affirm the judgment of sentence.
On July 23, 1980, Alexander Jefferson was shot in the back. Police arrested Young and charged him with the shooting. At the preliminary hearing, Young attempted to persuade Alexander not to testify, suggesting that they settle out of court. Jefferson declined to accommodate Young. In March, 1981, prior to trial, Young spoke to
[ 321 Pa. Super. Page 555]
Jefferson on the telephone. He again suggested that they settle their differences out of court. He said: "I am warning you. We can settle this any other way besides in the white man's courtroom. I am warning you I am a sharpshooter in the service." Young told Jefferson that he could shoot him from a distance of two blocks, and it was best that Jefferson not show up in court. He also told Jefferson to keep his brother out of it and indicated that Jefferson's brother could be taken care of also. Finally, Young said: "If you don't want anymore bloodshed you better not show up in court."
The Crimes Code, at 18 Pa.C.S. § 4952(a) provides:
A person commits an offense if, with the intent to or with the knowledge that his conduct will obstruct, impede, impair, prevent or interfere with the administration of criminal justice, he intimidates or attempts to intimidate any witness or victim to:
(3) Withhold any testimony, information, document or thing relating to the commission of a crime from any law enforcement officer, prosecuting official or judge.
(5) Elude, evade or ignore any request to appear or legal process summoning him to appear to ...