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Lizama v Trust Territory [1975] TTLawRp 21; 7 TTR 256 (15 September 1975)

7 TTR 256

JOAQUIN R. LIZAMA, Appellant

v.

TRUST TERRITORY OF THE PACIFIC ISLANDS, Appellee

Criminal Appeal No. 46

Appellate Division of the High Court

Mariana Islands District

September 15, 1975

Appeal from burglary conviction. The Appellate Division of the High Court, Hefner, Associate Justice, held that evidence of prior offenses was admissible to show intent.

1. Criminal Law—Appeals—Findings

When, on appeal from conviction of a criminal offense, it is claimed that the evidence was insufficient to support a finding of guilt, the appellate court must determine whether or not there is any reasonable evidence to support the verdict.

2. Criminal Law—Evidence—Prior Commission of Crime

Generally, evidence that accused is guilty of other crimes is inadmissible for the purpose of showing the commission of the crime charged, but it may be admitted to show intent in the crime charged, or to establish a common plan, design or scheme embracing a series of crimes, including the crime charged, so related to each other that proof of one tends to prove the others.

3. Criminal Law—Evidence—Prior Commission of Crime

In deciding whether to admit evidence of crimes other than that charged to show intent or a common design, plan or scheme, the court must consider the character, the surrounding circumstances and the remoteness in time of the alleged prior offenses.

4. Larceny—Intent
Intent to commit theft was shown by possession of the fruits of the theft.
Counsel for Appellant: BENJAMIN M. ABRAMS
Counsel for Appellee: WILLIAM S. AMSBARY
Before BROWN, Associate Justice, HEFNER, Associate Justice, and WILLIAMS, Associate Justice

HEFNER, Associate Justice

This is an appeal from a conviction of burglary. The appellant was charged with burglary in two counts, arising from the same occurrence. The only difference between the two counts was in the intent alleged. In the first count, the appellant was charged with entry by stealth into a house not his own with the intent to commit rape; in the second count he was charged with the same entry with the intent to commit theft, all in violation of 11 TTC § 351. He was convicted and sentenced to five years' imprisonment, but execution of judgment was stayed on August 8, 1973, and the appellant was admitted to bail.

The appellant's notice of appeal was filed on May 29, 1973, and his written brief was due on November 26, 1973. On November 13, 1973, the appellant moved to augment the record by the inclusion of the transcript of certain pre-trial, proceedings, and on November 15, 1973, he moved for an extension of time in which to file his written brief. No order has been entered by the Court as to either of these Motions, and no brief has been filed by either party.