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ROSA v. GOVERNMENT OF VIRGIN ISLANDS

No. DC CRIMAPP 2001/0068, F292/2000.

307 F.Supp.2d 695 (2004)

Jose Alberto ROSA, Appellant, v. GOVERNMENT OF THE VIRGIN ISLANDS, Appellee.

District Court, Virgin Islands, Appellate Division. D. St. Croix.

March 11, 2004.

Attorney(s) appearing for the Case

G. Luz A. James, Esq., St. Croix, VI, for Appellant.

Maureen Phelan, Esq., Assistant Attorney General, Department of Justice, St. Thomas, VI, for Appellee.

Before RAYMOND L. FINCH, Chief Judge, District Court of the Virgin Islands; THOMAS K. MOORE, Judge of the District Court of the Virgin Islands; and RHYS S. HODGE, Judge of the Territorial Court, Sitting by Designation.

OPINION OF THE COURT

PER CURIAM.

Appellant Jose Alberto Rosa, ["Appellant," or "Rosa"] appeals his conviction for first-degree murder in violation of V.I. CODE ANN. tit. 14 § 922(a)(1) (1996 & Supp.2003). The issue on appeal is whether the trial judge erred in instructing the jury that Appellant could be found guilty of first-degree murder based either on a finding that he intended to kill the victim or that he intended to do the victim serious...

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