In Elizee v. People, 54 V.I. 466 (V.I. 2010), the information charged the defendant with aggravated child neglect.
However, the trial court's instructions permitted the jury to find the defendant guilty if the elements for either aggravated child neglect or aggravated child abuse were proven.
The Court determined that the trial court erred when it instructed the jury on a charge of aggravated child abuse because it was a distinct offense from the one charged in the information -- aggravated child neglect.
Because of the error in the jury instructions, the Court remanded the case for a new trial only on the offense of aggravated child neglect. Id. (holding that permitting a jury to find the defendant guilty of a distinct offense from that charged in the information was prejudicial error).