
    GOVERNMENT OF THE VIRGIN ISLANDS v. GLORIA DU BOYCE, Appellant
    No. 12,658
    United States Court of Appeals Third Circuit
    Argued May 27, 1959
    Decided June 2, 1959
    
      See, also, 267 F.2d 512
    
    
      H. Theodore Subkow, Yonkers, New York, for appellant
    
    Leon P. Miller, United States Attorney, Charlotte Amalie, St. Thomas, Virgin Islands, for appellee
    
    Before GOODRICH, KALODNER, and STALEY, Circuit Judges
    
   PER CURIAM

This is an appeal from a conviction of aggravated assault entered by the District Court of the Virgin Islands following a trial to the Court without a jury. The assault consisted of a shooting by the defendant of the complaining witness.

The appellant’s argument emphasizes the privilege of a householder to use force against an unwelcome and unlawful intruder. If the facts were in accordance with the appellant’s story we should give this interesting and difficult question of law thorough consideration. But this case presented sharp clashes in the testimony. The trial judge heard the evidence; he had to make up his mind where the balance of credibility lay. He did so, and his conclusions, supported as they are by adequate testimony are not to be interfered with by us.

The judgment of the District Court will be affirmed.  