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Reports of the Trust Territory of the Pacific Islands |
TRIAL DIVISION OF THE HIGH COURT
PALAU DISTRICT
Criminal Case No. 164
TEMENGIL
Appellant
v
TRUST TERRITORY OF THE PACIFIC ISLANDS
Appellee
Criminal Case No. 163
CHARLEY EDWARDO, (otherwise known as SALII)
Appellant
v
TRUST TERRITORY OF THE PACIFIC ISLANDS
Appellee
February 26, 1959
Appeals from convictions in Palau District Court of illegal sale and distribution of liquor, in which authorities erred in referring to Palau municipal law allegedly violated. The Trial Division of the High Court, Chief Justice E. P. Furber, held that first defendant was not misled to his prejudice by error; as to second defendant, if he did not violate terms of license or limitations on it communicated to him or of which he had reasonable notice, he should be acquitted on remand.
Affirmed in part and remanded in part.
1. Criminal Law-Appeals-Prejudicial Error
In criminal prosecution, where there is error in reference to law allegedly violated, such error is not grounds for reversal of conviction if error did not mislead accused to his prejudice. (T.T.C., Sec. 445)
2. Statutes-Construction
Where district order containing prohibitions and restrictions with regard to use of liquor is approved, and subsequent congress resolution provides for licensing of liquor distributors without making reference to previous district order, prohibitions and restrictions of district order still control except as to actions covered by licenses issued in compliance with resolution, and any actions not so covered may still be prosecuted under district order.
3. Criminal Law-Appeals-Prejudicial Error
Where accused in criminal prosecution was fully conscious of fact he was being tried for liquor violation, only question of injustice depends on whether he was misled to his prejudice by error in reference to law violated.
4. Criminal Law-Complaint-Defect
Where there is error in criminal prosecution in making reference to law violated, only possible prejudice to accused arises from fact penalties under one law are much heavier than under the other.
5. Criminal Law-Complaint-Defect
Where there is error in criminal prosecution in making reference to law violated, and penalties under one law are heavier than penalties under the other, court will eliminate provisions with regard to imprisonment to avoid possible prejudice and in interests of substantial justice.
6. Liquor Control-Licenses
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