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FRANCIS v. GOVERNMENT OF VIRGIN ISLANDS

No. CRIM. APP.1996-002.

31 F.Supp.2d 499 (1998)

Kevin FRANCIS, Defendant/Appellant, v. GOVERNMENT OF THE VIRGIN ISLANDS, Prosecution/Appellee.

District Court, Virgin Islands, Appellate Division, D. St. Thomas and St. John.

December 22, 1998.

Attorney(s) appearing for the Case

Brenda C. Scales, Territorial Public Defender, St. Thomas, U.S.V.I., for Appellant.

Paul Gimenez, Assistant Attorney General, St. Thomas, U.S.V.I., for Appellee.

Before THOMAS K. MOORE, Chief Judge, District Court of the Virgin Islands; RAYMOND L. FINCH, Judge of the District Court of the Virgin Islands; and PATRICIA D. STEELE, Territorial Court Judge, Division of St. Croix, Sitting by Designation.

OPINION OF THE COURT

PER CURIAM.

The issue presented is whether the Territorial Court erred by refusing to instruct the jury in this case that possession of a firearm for less than 24 hours was a defense at the time of trial to unauthorized possession of a handgun (V.I. CODE ANN. tit. 14, § 2253(a)) under 23 V.I.C. § 470.

FACTUAL SUMMARY1

The government charged Kevin Francis ["Francis" or "appellant...

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