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Government of Virgin Island v. Stull

280 F. Supp. 460 (1968)

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Government of Virgin Island v. Stull

United States District Court for the District of the Virgin Islands
280 F. Supp. 460 (1968)

KL

Facts

Ray Stull (defendant) owned and operated a bar and poolroom. Stull considered one customer, Matthew, to be a troublemaker and had previously asked him not to return to the bar. After a police officer intervened, Matthew was allowed to return. One evening Stull heard a commotion in the poolroom and went to investigate. He saw Matthew in a confrontation with another customer and asked Matthew to leave. Matthew objected, and Stull grabbed Matthew’s arm and led him to the door. Stull’s bartender corroborated Stull’s story. Stull was charged with assault and battery. During the trial, Matthew claimed Stull had kicked him. The judge found that there was no evidence that Stull had kicked Matthew but held that Stull’s conduct was unnecessarily forceful and found him guilty of assault and battery. Stull appealed, pointing to a law permitting business owners to use reasonable force to eject trespassers who had been asked to leave, and which specifically stated that such conduct would not constitute assault and battery.

Rule of Law

Issue

Holding and Reasoning (Gordon, J.)

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