Government Of The Virgin Islands v. Knight

989 F.2d 619 (1993)

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Nature of the Case

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Facts

Knight (D) was indicted for second-degree murder in connection with the death of Miller. D allegedly struck Miller in the head repeatedly with a pistol, and the gun discharged and killed him. D admitted to the incident but claimed that the gun discharged accidentally when Miller grabbed and squeezed Miller's pistol hand. An eyewitness testified that D neither pointed the gun at Miller nor threatened to shoot him. The court did not permit the eyewitness or the investigating police officer to testify as to their opinions that the shooting was accidental. D was convicted and appeals.