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Flores v Trust Territory [1958] TTLawRp 4; 1 TTR 377 (14 February 1958)

TRIAL DIVISION OF THE HIGH COURT

PALAU DISTRICT

Criminal Case No. 144

JOAQUIN A. FLORES
Appellant

v

TRUST TERRITORY OF THE PACIFIC ISLANDS
Appellee

February 14, 1958

Defendant appeals from conviction in Palau District Court of illegally selling locally manufactured liquor, in violation of Palau Congress Resolution No. 11-55. On appeal, defendant contends that finding is not supported by evidence. The Trial Division of the High Court, Chief Justice E. P. Furber, held that evidence was sufficient to support charge and that government sustained its burden of proof of guilt beyond reasonable doubt.

Modified and affirmed.

1. Criminal Law-Appeals-Prejudicial Error

It is duty of court on appeal not to set aside any finding, order or sentence for any error or omission unless error or omission has resulted in injustice to accused. (T.T.C., Sec. 497)

2. Criminal Law--Complaint

Person charged with violation of law in connection with one incident cannot be convicted on that charge by showing violation in connection with entirely different incident, without any charge covering latter incident being preferred.

3. Criminal Law-Complaint

Court in criminal prosecution may direct; new or additional charges be prepared against, accused if evidence introduced by prosecution tends to support them, but accused should then be given opportunity to plead and defend against new or additional charges. (Rules of Crim. Proc., Rule 13 (h)(2))

4. Criminal Law-Burden of Proof-Prima Facie Case

Once government has established prima facie case in criminal prosecution, burden is on accused to answer or rebut it, but overall burden is on government to establish accused guilty beyond reasonable doubt on all the evidence.

5. Criminal Law-Sentence

Sentence imposed by District Court is clearly illegal where it purports to impose both imprisonment and fine and resolution, under which penalties are provided only authorizes imprisonment or fine. (Palau Congo Res. No. 11-55)

FURBER, Chief Justice

This is an appeal from a conviction of illegally selling locally manufactured liquor in violation of Section 2 of Palau Congress Resolution No. 11-55, Second Session, approved by the High Commissioner's Serial 1231 of March 28, 1956.