Government of the Virgin Islands v. Schiller Toto

OPINION OF THE COURT

ALDISERT, Circuit Judge

Appellant Schiller Toto was convicted of distributing marihuana in violation of the Virgin Islands Controlled Substances Law, 19 V.I.C. § 604(a) (1). He testified at his trial and, in response to the prosecutor’s questioning on cross-examination, admitted that he had previously-pleaded guilty to the misdemeanor of petit larceny. Defense counsel timely objected. The government seeks, to justify the questioning on the ground that the prior convic tion was brought out to impeach appellant. In the alternative, it argues that any error was harmless…