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Ngeskebei v Government of the Northern Mariana Islands [1979] TTLawRp 13; 8 TTR 16 (29 January 1979)

8 TTR 16

JOSE NGESKEBEI, Appellant

v.

GOVERNMENT OF THE NORTHERN MARIANA ISLANDS, Appellee

Criminal Appeal No. 76

Appellate Division of the High Court

Mariana Islands District

January 29, 1979

Appeal from assault conviction. The Appellate Division of the High Court, Laureta, Temporary Justice, held that where complaining witness in prosecution for assault by throwing a rock stated that she was in a group of about 25 persons when defendant threw a rock into the group from 20-25 feet away, hitting a person six feet from complainant, it could be found defendant had the intent to commit an assault upon complainant.

1. Appeal and Error-Evidence-Admission of Evidence

Trial court has broad powers of discretion concerning admissibility of evidence on relevancy grounds and admission or rejection may be overturned on appeal only if there has been a clear abuse of discretion.

2. Criminal Law-Evidence-Acts and Statements Collateral to Offense

Evidence of conduct collateral to offense with which an accused is charged, criminal or otherwise, may be inadmissible if it fails to be probative of the charged offense.

3. Evidence-Relevancy

Relevancy of evidence is to be determined by whether the evidence gives rise to reasonable inferences regarding contested issues or throws any light upon them.

4. Assault-Evidence-Admissible Evidence

In prosecution for assault by throwing of a rock, statements of complaining witness that rock was thrown 20-25 feet into area containing about 25 people, including complainant and her child, that the rock hit a woman about six feet from complainant, and that complainant shouted to defendant that he had almost hit complainant's child, were relevant and material in identifying defendant as the rock-thrower and were admissible; and that the testimony may have tended to connect defendant to an assault upon the woman hit with the rock did not render it inadmissible. (11 TTC § 201)

5. Criminal Law-Evidence-Materiality

Any competent evidence logically tending to prove a defendant's connection with a crime is material and is to be judged not only upon what it shows standing alone, but also on whatever inferences may be drawn when it is viewed in connection with other evidence.

6. Criminal Law-Evidence-Acts and Statements Collateral to Offense

Competent and relevant evidence of guilt of crime charged is not made inadmissible merely because it tends to show the commission of another offense.

7. Assault-Intent-Type

Criminal assault is a general intent crime. (11 TTC § 201)

8. Assault-Intent-Intent Found