Government of the Virgin Islands v. Du Boyce

Third Circuit

Government of the Virgin Islands v. Du Boyce

267 F.2d 512, 4 V.I. 107, 1959 U.S. App. LEXIS 3758

CourtCourt of Appeals for the Third Circuit

DecidedJune 2, 1959

DocketNo. 12,658

StatusPublished

Cited by1 cases

This text of 267 F.2d 512 (Government of the Virgin Islands v. Du Boyce) 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. Du Boyce, 267 F.2d 512, 4 V.I. 107, 1959 U.S. App. LEXIS 3758 (3d Cir. 1959).

Pincite

Opinion

PER CURIAM

This is an appeal from a conviction of aggravated assault entered by the District Court of the Virgin Islands following a trial to the Court without a jury. The assault consisted of a shooting by the defendant of the complaining witness.

The appellant’s argument emphasizes the privilege of a householder to use force against an unwelcome and unlawful intruder. If the facts were in accordance with the appellant’s story we should give this interesting and difficult question of law thorough consideration. But this case presented sharp clashes in the testimony. The trial judge heard the evidence; he had to make up his mind where the balance of credibility lay. He did so, and his conclusions, supported as they are by adequate testimony are not to be interfered with by us.

The judgment of the District Court will be affirmed.

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PER CURIAM

This is an appeal from a conviction of aggravated assault entered by the District Court of the Virgin Islands following a trial to the Court without a jury. The assault consisted of a shooting by the defendant of the complaining witness.

The appellant’s argument emphasizes the privilege of a householder to use force against an unwelcome and unlawful intruder. If the facts were in accordance with the appellant’s story we should give this interesting and difficult question of law thorough consideration. But this case presented sharp clashes in the testimony. The trial judge heard the evidence; he had to make up his mind where the balance of credibility lay. He did so, and his conclusions, supported as they are by adequate testimony are not to be interfered with by us.

The judgment of the District Court will be affirmed.

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Bluebook (online)

267 F.2d 512, 4 V.I. 107, 1959 U.S. App. LEXIS 3758, Counsel Stack Legal Research, https://law.counselstack.com/opinion/government-of-the-virgin-islands-v-du-boyce-ca3-1959.

Opinion

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