Legal Opinion
Government of the Virgin Islands v. Rupert Pondt
Court of Appeals for the Third Circuit
Decided March 6, 1972No. 71-1395PublishedCited by 8 opinions
1Opinion of the Court
OPINION OF THE COURT
ALDISERT, Circuit Judge
In United States v. Small, 443 F.2d 497 (3d Cir. 1971), we reaffirmed the evidentiary rule in this circuit that an extrajudicial statement by a witness in a federal criminal proceeding is inadmissible as substantive evidence of the facts asserted therein. This appeal from a judgment of conviction based on a jury verdict of guilty of attempted burglary in the third degree, 14 V.I.C. §§ 331, 444, requires us to decide whether 5 V.I.C. § 932 permits use of such a statement as substantive evidence in a criminal proceeding brought by the Government of the…
2Cases cited2 opinions
- Government of the Virgin Islands v. Hipolito Rivera SolisCourt of Appeals for the Third Circuit · 1964
- United States v. Edward Kenneth Small, Jr. Appeal of Samuel Samson AllenCourt of Appeals for the Third Circuit · 1971
3Cited by8 opinions
- Phillips v. PeopleSupreme Court of The Virgin Islands · 2009
- Government of the Virgin Islands v. SampsonDistrict Court, Virgin Islands · 2000
- Government of the Virgin Islands v. David Ray Dyches, IIICourt of Appeals for the Third Circuit · 1975
- Government of Virgin Islands v. DychesCourt of Appeals for the Third Circuit · 1975
- Government of the Virgin Islands v. Allan Hensley St. AngeCourt of Appeals for the Third Circuit · 1972
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