GOVERNMENT OF VIRGIN ISLANDS v. SMITH

Nos. 76-1522 and 76-2446.

558 F.2d 691 (1977)

GOVERNMENT OF the VIRGIN ISLANDS v. Sonville Austin SMITH, Appellant.

United States Court of Appeals, Third Circuit.

Decided July 6, 1977.


Attorney(s) appearing for the Case

Victor G. Schneider, St. Thomas, Virgin Islands, for appellant.

Julio A. Brady, U. S. Atty., St. Thomas, Virgin Islands, for appellee.

Before VAN DUSEN, WEIS and GARTH, Circuit Judges.


OPINION OF THE COURT

WEIS, Circuit Judge.

Whether a jury may return a valid verdict on one of two counts in an information after being discharged because of inability to agree on the other is one of the issues raised in these appeals. Another is the contention that the former jeopardy principle barred the defendant's trial on a murder charge when he had already been convicted for possession of a dangerous weapon, the knife used in the killing. We decide...

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