Government of the Virgin Islands v. Smith

SILVERLIGHT, Judge By Special Assignment

MEMORANDUM OPINION WITH ORDER ATTACHED

This matter comes before this Court on the Government’s appeal from the final Order of Dismissal entered by the Territorial Court on January 4,1980.

An information purporting to charge the defendant Cecil Smith with Assault in the Third Degree (14 V.I.C. § 297(2)) was filed in the Territorial Court by the Attorney General on May 25, 1979. The information contains the usual caption, to wit: “Government of the Virgin Islands, Plaintiff vs. Cecil Smith, Defendant”, but fails to name the defendant in its body, either by…