UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
decided as amended april 19 1972.: February 14, 1972.
GOVERNMENT OF THE VIRGIN ISLANDS
ALLAN HENSLEY ST. ANGE, APPELLANT
Seitz, Chief Judge, and Aldisert and Gibbons, Circuit Judges.
Author: Per Curiam
Opinion OF THE COURT
Appellant urges that a judgment of conviction of rape in the first degree, 14 V.I.C. § 1701(3), entered upon return of a jury's verdict, should be reversed because there was no competent corroborating evidence as required by 14 V.I.C. § 1706. He argues that a hospital report describing a smear of vaginal fluid as containing male sperm was hearsay and, therefore, inadmissible evidence. The report was introduced in the government's case during the testimony of Dr. Andre Galiber who testified that he examined the prosecutrix following the alleged attack:
He testified that the hospital's laboratory report was prepared by a board-certified pathologist.
The government justified its introduction on the basis of the Business Entries Section, Virgin Islands Code, 5 V.I.C. § 932(13).
We have held that evidence provisions of this code are not necessarily applicable to criminal proceedings in the District Court of the Virgin Islands. Government of Virgin Islands v. Pondt, 456 F.2d 679 (3 Cir., filed March 6, 1972).
Under the circumstances of this case the hospital report was nevertheless admissible under the federal Business Records Act, 28 U.S.C.A. § 1732. Wheeler v. United States, 93 U.S.App.D.C. 159, 211 F.2d 19 (D.C.1954), cert. denied, 347 U.S. 1019, 74 S. Ct. 876, 98 L. Ed. 1140, rehearing denied, 348 U.S. 852, 75 S. Ct. 21, 99 L. Ed. 671 (1954).
The judgment of conviction will be affirmed.
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