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Reports of the Trust Territory of the Pacific Islands |
TRIAL DIVISION OF THE HIGH COURT
MARSHALL ISLANDS DISTRICT
Criminal Case No. 42
MICHEL ITELBONG
Appel1ant
v.
TRUST TERRITORY OF THE PACIFIC ISLANDS
Appel1ee
November 16, 1964
Defendant was convicted in Marshall Islands District Court of failing to yield right of way, driving while intoxicated, and injuring vehicle, in violation of T.T.C., Sees. 814(c), 815(a) and 815(f). The Trial Division of the High Court, Chief Justice E. P. Furber, affirmed conviction of first count; remanded for new trial on second count since there was no evidence in record to support conviction thereon; and set aside finding on third count as appellee failed to prove necessary element of willfulness.
Affirmed in part, reversed and remanded in part.
1. Criminal Law-Evidence
Where inconsistencies in testimony of prosecution's witnesses are not contradicted by defendant in criminal proceedings, trial court is fully justified in finding, on basis of all the evidence, that accused failed to yield right of way. (T.T.C., Sec. 814(c))
2. Criminal Law-Admissions
Accused's admissions to investigating officers outside of court are not proper matters for consideration by court, on charge to which accused has pleaded not guilty, unless and until such admission is properly introduced at trial.
3. Confessions-Admissibility-Trial Procedure
If accused at criminal trial objects to admission of alleged damaging admission or confession on grounds it was not voluntary or was improperly obtained, court should give both sides opportunity to present evidence on how admission or confession was obtained before it admits such evidence.
4. Confessions-Admissibility
Court should refuse to admit evidence of allegedly damaging admission or confession at criminal trial unless court is satisfied that admission or confession was voluntary.
5. Criminal Law-Prosecutor's Error or Omission
Trust Territory courts, in promoting substantial justice, are not expected to let accused go free simply because of some error of prosecution in failing to present evidence on essential element of crime.
6. Criminal Law-Prosecutor's Error or Omission
Where it appears probable that there is evidence available on point not covered by prosecution in criminal trial, court will remand case with such directions as may be just, instead of merely reversing judgment and acquitting accused. (T.T.C., Sec. 200)
7. Criminal Law-Complaint-Defect
Where there is error in criminal complaint as to violation charged, error will be disregarded if accused is not misled to his prejudice on account of error. (T.T.C., Sec. 445(a)).
8. Motor Vehicles-Injuring Vehicle
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