Legal Opinion
People v. Vergile
Superior Court of The Virgin Islands
Decided November 13, 2008No. Criminal No. ST-08-CR-47PublishedCited by 1 opinion
1Opinion of the CourtCarroll, Judge
MEMORANDUM OPINION
(November 13, 2008)
THIS MATTER is before the Court on Defendant Lemy Vergile’s Motion for Acquittal, pursuant to Federal Rule of Criminal Procedure 29(c). Defendant seeks an acquittal of Counts III and IV of the Information. Because the doctrine of merger prevents the People from using assault third degree as the predicate felony for the conviction of murder first degree (felony murder) under the facts of this case, the Court will grant the Defendant’s motion for acquittal.
STATEMENT OF FACTS
Defendant Lemy Vergile (“Vergile”) was tried on nine separate counts stemming from…
2Cases cited22 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- North Carolina v. PearceSupreme Court of the United States · 1969
- Brown v. OhioSupreme Court of the United States · 1977
- United States v. HalperSupreme Court of the United States · 1989
- Ohio v. JohnsonSupreme Court of the United States · 1984
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3Cited by1 opinion
- Heyliger v. PeopleSupreme Court of The Virgin Islands · 2017