GOVERNMENT OF THE VIRGIN ISLANDS V. KNIGHT 989 F.2d 619 (1993) CASE BRIEF

GOVERNMENT OF THE VIRGIN ISLANDS V. KNIGHT
989 F.2d 619 (1993)
NATURE OF THE CASE: Knight (D) appealed from a judgment, which entered a conviction for voluntary manslaughter, possession of a firearm during the commission of a crime of violence, and possession of a firearm by felon, adjudged him to be a habitual criminal, and enhanced his sentence pursuant to 14 V.I. Code Ann. 61 (1990).
FACTS: Knight (D) was indicted for second-degree murder in connection with the death of Miller. D allegedly struck Miller in the head repeatedly with a pistol, and the gun discharged and killed him. D admitted to the incident, but claimed that the gun discharged accidentally when Miller grabbed and squeezed Miller's pistol hand. An eyewitness testified that D neither pointed the gun at Miller, nor threatened to shoot him. The court did not permit the eyewitness or the investigating police officer to testify as to their opinions that the shooting was accidental. D was convicted and appeals.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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