[Download] "Government of Virgin Islands v. Parrilla" by United States Court of Appeals for the Third Circuit * Book PDF Kindle ePub Free

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eBook details

• Title: Government of Virgin Islands v. Parrilla
• Author : United States Court of Appeals for the Third Circuit
• Release Date : January 12, 1993
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 78 KB

Description

Opinion OF THE COURT ROTH, Circuit Judge. The appellant, Luis Parrilla, was convicted in the District Court of the Virgin Islands on five counts, including armed robbery, assault with a deadly weapon, and assault with intent to commit mayhem.1 He appeals solely his conviction on Count VII, assault with intent to commit mayhem. He brings his appeal pursuant to 28 U.S.C. § 1291. He contends on appeal that the statutory definition of mayhem in the Virgin Islands Code, 14 V.I.C. § 1341(b), is facially unconstitutional because it creates a mandatory presumption on the required element of intent to commit mayhem. He also contends that the jury instructions were flawed because the trial Judge charged the jurors that they could rely on the statutory presumption of intent. Because we find that section 1341(b) does create an impermissible mandatory presumption, we will reverse Parrilla's conviction on Count VII.

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