Oingerang v Trust Territory [1963] TTLawRp 24; 2 TTR 385 (28 February 1963)

KRISPIN OINGERANG,

Appellant

v.

TRUST TERRITORY OF THE PACIFIC ISLANDS,

Appellee

Criminal Case No. 239

Trial Division of the High Court

Palau District

February 28, 1963

Defendant was convicted in Palau District Court of disturbing the peace, in violation of T.T.C., Sec. 426, by going to cabin of woman ship passenger and requesting to buy liquor from her in manner also suggesting indecent request. Defendant appeals on ground that no illegal intent was shown. The Trial Division of the High Court, Chief Justice E. P. Furber, held that accosting woman passenger in manner shown was unjustifiable and clearly disturbed peace of passengers concerned.

Affirmed.

1. Disturbing the Peace-Generally

Crime of disturbing the peace covers large range of activities which annoy and disturb people affected to such an extent as to deprive them of right to peace and quiet and to provoke breach of the peace. (T.T.C., Sec. 426)

2. Disturbing the Peace-Words

Words may constitute offense of disturbing the peace if they are likely to bring about an altercation. (T.T.C., Sec. 426)

3. Disturbing the Peace-Intent

Fact that defendant was actuated by good motive in uttering words is not a defense to charge of disturbing the peace. (T.T.C., Sec. 426)

4. Criminal Law-Appeals-Scope of Review

In considering criminal case on appeal, appellate court must test sufficiency of proof on basis of what trial court had right to believe, not on what defendant wishes it believed.

5. Appeal and Error-Generally

Courts considering appeals in Trust Territory are not concerned with fine points of evidence.

6. Appeal and Error-Evidentiary Error

Appellate Courts in Trust Territory may not disturb judgment for error in admission or exclusion of evidence, or any other error, unless refusal to take such action appears inconsistent with substantial justice. (T.T.C., Sec. 337)

7. Appeal and Error-Evidentiary Error

Ordinary effect of lower court's receiving improper evidence is that on appeal improper evidence will be rejected and not considered, especially where such evidence is largely cumulative to that properly received.

8. Disturbing the Peace-Intent

Where accused in criminal prosecution accosted woman ship passenger, even for purpose of obtaining liquor, in manner suggesting indecent request, actions were unjustifiable and may be found to have disturbed the peace of passengers concerned. (T.T.C., Sec. 426)

Assessor: Interpreter: Counsel for Appellant: Counsel for Appellee: