10 Tyson advanced a similar argument when he orally moved for judgment of acquittal pursuant to Federal Rule of Criminal Procedure 29 after the People rested its case, but before he presented his defense. (J.A. 462-66, 472-74.) Accordingly, we exercise our discretion to review this claim de novo rather than for plain error. See V.I.S.Ct.R. 4(h); see also Tindell v. People, 56 V.I. 138, 150 n.12 (V.I. 2012) (discussing this Court’s appellate jurisdiction). 11 Although Tyson argued during his Rule 29 Motion that whoever shot L.P.C., if returning gunfire, would have committed a justifiable homicide for which Tyson should not have been charged, Tyson did not refer to or specifically advance the agency theory of felony murder. (J.A. 463-64, 472-74.) See, e.g., Sophophone, 19 P.3d at 76-77 (<HOLDING>). In response, the People cited to State v.
holding the trial court erred when it instructed the jury that it may find the defendant guilty of conspiracy if the jury found the defendant agreed with at least one other person where the indictment charged the defendant with conspiring with a single named individual and the evidence tended to show the defendant may have conspired with a number of persons not just the named coconspirator to commit an unlawful act holding in case where plaintiff sought damages resulting from the defendants failure to pay the accidental death benefit claims she filed following death of her husband transfer to south carolina was warranted because with the exception of plaintiffs relocation to the state of west virginia following the death of the decedent the cause of action bears virtually no relation to the forum chosen by the plaintiff holding that intent to cause death could be inferred from the nature and extent of the wounds and the fact that the defendant left decedent to bleed to death while he went home to bed holding that the conviction should be upheld because there was no prejudice to the defendant even though the defendant had been charged with one conspiracy and the proof at trial showed two separate conspiracies holding that the defendant could not be charged with a death resulting from the lawful actions of one attempting to apprehend the felons under the agency theory