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Debesol v Trust Territory [1969] TTLawRp 59; 4 TTR 556 (9 October 1969)

4 TTR 556

NGIRBLEKUU DEBESOL,
Appellant

v.

TRUST TERRITORY OF THE PACIFIC ISLANDS,
Appellee

Criminal Appeal No. 29
Appellate Division of the High Court

October 9, 1969

Appeal from conviction for voluntary manslaughter. The Appellate Division of the High Court, D. Kelly Turner, Associate Justice, reversed the conviction holding that appellant was convicted solely upon improperly admitted evidence, prior written statements not made under oath and without opportunity for cross-examination.

Reversed and remanded.

1. Homicide -- Voluntary Manslaughter - Element of Offense

A conviction of voluntary manslaughter may not be sustained without evidence that the killing was done upon a sudden quarrel or heat of passion.

2. Appeal and Error - Generally

All assignments of error not briefed or argued are deemed waived.

3. Appeal and Error - Generally

If appellant had a particular extrajudicial statement in mind which "clearly exhibited prejudice" toward him he was obliged to point it out to the appellate court and was duty bound to have made objection during the trial.

4. Criminal Law - Trial Procedure -- Objections

Objection made by the government does not inure to the benefit of the accused.

5. Appeal and Error - Generally

A verdict of guilty may not be reversed for any prejudice shown toward the government.

6. Criminal Law - Trial Procedure - Objections

It is the duty of counsel to make objection at the time improper remarks or comments are made by the trial judge, the purpose of this being to promptly inform the trial judge of possible errors so that he may reconsider and make any changes deemed desirable.

7. Criminal Law - Trial Procedure - Objections

When objection is not made in the trial, the matter may not be raised upon appeal unless it is such prejudicial error as to result in failure to provide a fair trial amounting to a denial of due process.

8. Appeal and Error - Scope of Review - Abuse of Discretion

Assigning as error "abuse of judicial discretion" without showing the particulars of the error complained of does not comply with the rule that the appellate court will not interfere with the decision of the trial court on a matter within its discretion unless abuse of that discretion is shown.

9. Criminal Law - Corpus Delicti

Corpus delicti is more than proof of cause of death.

10. Criminal Law - Corpus Delicti

The corpus delicti in a homicide consists of two elements, the first of which, the fact of death, is to be shown as a result of the second, that is, the criminal agency of another.

11. Criminal Law - Corpus Delicti

In proving the fact and manner of death, it is not necessary that a witness state with absolute certainty that death did result in the manner alleged by the Government, rather it is sufficient if the medical testimony establishes that a condition existed which could have resulted in death as alleged.