Government of the Virgin Islands v. Meliah Bell

Third Circuit

Government of the Virgin Islands v. Meliah Bell

423 F.2d 692

CourtCourt of Appeals for the Third Circuit

DecidedJune 1, 1970

Docket17978_1

StatusPublished

This text of 423 F.2d 692 (Government of the Virgin Islands v. Meliah Bell) 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.

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Government of the Virgin Islands v. Meliah Bell, 423 F.2d 692 (3d Cir. 1970).

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Opinion

OPINION OF THE COURT

PER CURIAM.

Meliah Bell is before this court for the second time, having been twice tried, convicted, and sentenced 1 for violating 14 V.I.C. § 834(2) by obtaining money or property under false pretenses. The *693 property was obtained through the use of an American Express Company credit card issued to one Meyer Odence.

Appellant contends that the initiation of this prosecution by information rather than by grand jury indictment was in violation of the Fifth Amendment; that the trial judge committed prejudicial error by commenting on the evidence during his charge to the jury; that the evidence did not establish his guilt as to each separate count of the information; and that the sentence imposed on him after his conviction at the second trial was improper because it exceeded the sentence imposed at the first trial. See North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969).

We have carefully considered each of appellant’s arguments and find them to be without merit. The judgment of the district court will, therefore, be affirmed but without prejudice to appellant to file a motion in the district court for reduction of sentence. See Government of Virgin Islands v. Turner, 409 F.2d 102 (C.A.3, 1969).

1

. On appeal from the first conviction, this court reversed and remanded the case for a new trial. See Government of Virgin Islands v. Bell, 392 F.2d 207 (C.A. 3, 1968).

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OPINION OF THE COURT

PER CURIAM.

Meliah Bell is before this court for the second time, having been twice tried, convicted, and sentenced 1 for violating 14 V.I.C. § 834(2) by obtaining money or property under false pretenses. The *693 property was obtained through the use of an American Express Company credit card issued to one Meyer Odence.

Appellant contends that the initiation of this prosecution by information rather than by grand jury indictment was in violation of the Fifth Amendment; that the trial judge committed prejudicial error by commenting on the evidence during his charge to the jury; that the evidence did not establish his guilt as to each separate count of the information; and that the sentence imposed on him after his conviction at the second trial was improper because it exceeded the sentence imposed at the first trial. See North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969).

We have carefully considered each of appellant’s arguments and find them to be without merit. The judgment of the district court will, therefore, be affirmed but without prejudice to appellant to file a motion in the district court for reduction of sentence. See Government of Virgin Islands v. Turner, 409 F.2d 102 (C.A.3, 1969).

1

. On appeal from the first conviction, this court reversed and remanded the case for a new trial. See Government of Virgin Islands v. Bell, 392 F.2d 207 (C.A. 3, 1968).

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423 F.2d 692, Counsel Stack Legal Research, https://law.counselstack.com/opinion/government-of-the-virgin-islands-v-meliah-bell-ca3-1970.

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