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GOVERNMENT OF VIRGIN ISLANDS v. DUVERGEE

No. 71-1797.

456 F.2d 1271 (1972)

GOVERNMENT OF THE VIRGIN ISLANDS v. James DUVERGEE, Appellant.

United States Court of Appeals, Third Circuit.

Decided March 6, 1972.

As Amended April 5, 1972.

Attorney(s) appearing for the Case

Verne A. Hodge, Charlotte Amalie, St. Thomas, V. I., for appellant.

Carl S. Rauh, First Asst. Atty. Gen., Charlotte Amalie, St. Thomas, V. I., for appellee.

Before SEITZ, Chief Judge and ALDISERT and GIBBONS, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

Appellant Duvergee appeals from a sentence imposed by the District Court of the Virgin Islands upon his conviction, in a non-jury trial, of assault in the third degree. 14 V.I.C. § 297. He was charged originally with assault with intent to commit murder, 14 V.I.C. § 295(1), but was found guilty of the lesser included offense. The incident giving rise to the charge took place on August 6, 1970 when a...

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