Government of the Virgin Islands v. Claude Richards

Third Circuit

Government of the Virgin Islands v. Claude Richards

299 F.2d 565, 4 V.I. 354

CourtCourt of Appeals for the Third Circuit

DecidedFebruary 26, 1962

Docket13657_1

StatusPublished

This text of 299 F.2d 565 (Government of the Virgin Islands v. Claude Richards) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Government of the Virgin Islands v. Claude Richards, 299 F.2d 565, 4 V.I. 354 (3d Cir. 1962).

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Opinion

PER CURIAM.

Under the narrow scope of a writ of review, 5 V.I.C. §§ 1421-1423, the •evidence is not before us. The only possible question open to petitioner (assuming that certain procedural points are decided in his favor) is whether he could be found guilty of disturbing the peace “by fighting with John Richards” although he had been found not guilty of “commit [ting] an assault and battery on the person of John Richards” on the same occasion. It seems manifest that there may be a spontaneous or voluntary fight in which neither party is genuinely an aggressor. In such instance the peace would be disturbed even though no assault and battery occurred.

The order of the District Court denying the petition is affirmed.

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PER CURIAM.

Under the narrow scope of a writ of review, 5 V.I.C. §§ 1421-1423, the •evidence is not before us. The only possible question open to petitioner (assuming that certain procedural points are decided in his favor) is whether he could be found guilty of disturbing the peace “by fighting with John Richards” although he had been found not guilty of “commit [ting] an assault and battery on the person of John Richards” on the same occasion. It seems manifest that there may be a spontaneous or voluntary fight in which neither party is genuinely an aggressor. In such instance the peace would be disturbed even though no assault and battery occurred.

The order of the District Court denying the petition is affirmed.

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Bluebook (online)

299 F.2d 565, 4 V.I. 354, Counsel Stack Legal Research, https://law.counselstack.com/opinion/government-of-the-virgin-islands-v-claude-richards-ca3-1962.