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SMALLS v. GOVERNMENT OF THE VIRGIN ISLANDS

D.C. Crim. App. Nos. 95-77 & 95-222.

950 F.Supp. 698 (1996)

Roberto SMALLS, Appellant/Cross-Appellee, v. GOVERNMENT OF THE VIRGIN ISLANDS, Appellee/Cross Appellant.

District Court, Virgin Islands, Appellate Division, D. St. Thomas and St. John.

Decided November 25, 1996.

Attorney(s) appearing for the Case

Harold W.L. Willocks, Chief Territorial Public Defender, St. Thomas, U.S.V.I., for Appellant/Cross Appellee.

Maureen Phelan Cormier, Assistant Attorney General, Virgin Islands Department of Justice, St. Thomas, U.S.V.I., for Appellee/Cross Appellant.

Before: MOORE, Chief Judge, District Court of the Virgin Islands; BROTMAN, Senior Judge of the United States District Court for the District of New Jersey, Sitting by Designation; and EDGAR D. ROSS, Territorial Court Judge, Division of St. Croix, Sitting by Designation.

MEMORANDUM OF THE COURT

PER CURIAM.

On January 9, 1994, appellant Roberto Smalls ["Smalls"] shot at an open truck, killing one of the individuals riding in the truckbed. The Government of the Virgin Islands ["Government"] charged Smalls in a three count information with murder in the first degree in violation of V.I. CODE ANN. tit. 14, §§ 921 and 922(a)(1) (Count I); assault in the first degree in violation of 14 V.I.C. § 295(1) (Count II...

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