
    GOVERNMENT OF THE VIRGIN ISLANDS, Appellee v. CLAUDE RICHARDS, Appellant
    No. 13,657
    United States Court of Appeals Third Circuit
    Argued January 31, 1962
    Decided February 26, 1962
    
      See, also, 299 F.2d 565
    
    
      R. H. Amphlett Leader, Esq., Frederiksted, St. Croix, Virgin Islands, for appellant
    
    Leon P. Miller, Esq., United States Attorney, Charlotte Amalie, St. Thomas, Virgin Islands, for appellee
    
    Before ALDRICH, GANEY and SMITH, Circuit Judges
    
    
      
       Sitting by assignment.
    
   PER CURIAM

Under the narrow scope of a writ of review, 5 V.I.C. §§ 1421-1423, the evidence is not before us. The only possible question open to petitioner (assuming that certain procedural points are decided in his favor) is whether he could be found guilty of disturbing the peace “by fighting with John Richards” although he had been found not guilty of “committ[ing] an assault and battery on the person of John Richards” on the same occasion. It seems manifest that there may be a spontaneous or voluntary fight in which neither party is genuinely an aggressor. In such instance the peace would be disturbed even though no assault and battery occurred.

The order of the District Court denying the petition is affirmed.  