Summary of Gov’t of Virgin Islands v. Stull, Dstr. Ct. Virgin I. 1968

Facts: Stull part owner and manager of Trader Dan’s a saloon and poolroom.  Matthew was considered a minor trouble maker who had been directed to leave the establishment before.  A local policeman interceded and allowed Matthew to reenter.  Stull heard a skirmish upstairs and discovered Matthew arguing with another patron.  Stull told him to leave and when Matthew refused grabbed Matthew’s arm and led him to the door.  The Municipal Ct accepted this as evidence in reducing the charge from agg assault to simple.

Issue: Whether evidence is sufficient to support a finding of simple assault?

Holding: No

Procedure: Bench trial returned judgment against Stull for simple assault, f/f $50. Judgment vacated with instructions to enter not guilty.

Rule: If during the course of business, at a saloon or bar, request the departure of a person who does not rightfully belong there, he may treat him as a trespasser, using reasonable force to eject him.

Court Rationale: Leading Matthew by the arm is reasonable force to eject.  However, if Stull did in fact kick Matthew that would support a different finding, to which the trial court did not accept as evidence.