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Timulch v Trust Territory [1966] TTLawRp 27; 3 TTR 208 (22 November 1966)

3 TTR 208

NGIRKEBAI TIMULCH,
Appellant

v.

TRUST TERRITORY OF THE PACIFIC ISLANDS,
Appellee

Criminal Case No. 282
Trial Division of the High Court
Palau District

November 22, 1966

Defendant was convicted in Palau District Court of assault and battery in violation of T.T.C., Sec. 379. On appeal, defendant contends that evidence was insufficient to support charge and that evidence showed crime of affray. The Trial Division of the High Court, Chief Justice E. P. Furber, held that even if complaining witness participated in affray, fact that accused's attack precipitated affray would not excuse his commission of assault and battery.

Affirmed.

1. Criminal Law – Appeals - Scope of Review

On appeal by accused in criminal case, evidence must be considered in light most favorable to government.

2. Criminal Law – Appeals - Scope of Review

In criminal appeal, evidence must be considered on basis of what trial court had right to believe, not on what accused wishes it believed.

3. Appeal and Error - Scope of Review - Witnes's Credibility

Although Trial Division of the High Court on appeals from District Courts may review facts as well as law, it is not in as good position as trial court to pass on credibility of witnesses who appeared and testified personally in trial court. (T.T.C., Sec. 200)

4. Appeal and Error - Scope of Review

Appellate court should make every reasonable presumption in favor of determinations of trial court.

5. Assault and Battery - Generally

In prosecution for assault and battery, even if evidence that complaining witness, in endeavoring to protect himself, participated in an affray, fact that accused's attack precipitated affray would not excuse the assault and battery. (T.T.C., Sec. 379)

FURBER, Chief Justice

Counsel for appellant argued that the Government had produced insufficient evidence to support the charge of Assault and Battery and that instead the evidence showed that there had been a crime of Affray, citing Miller on Criminal Law, Sec. 168, particularly p. 490 and 491.