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Reports of the Trust Territory of the Pacific Islands |
MICHAEL EYOUL, Appellant
v.
TRUST TERRITORY OF THE PACIFIC ISLANDS, Appellee
Criminal Appeal No. 86
Appellate Division of the High Court
Palau District
April 12, 1982
Appeal from a conviction of felony mayhem and assault and battery with a dangerous weapon. The Appellate Division of the High Court, Gianotti, Associate Justice, held that the notice of appeal did not show the particulars of any error complained of and the finding of guilt could not be set aside on basis of general allegations of error, and conviction was affirmed.
1. Appeal and Error-Generally
On appeal, the Appellate Division will make every reasonable presumption in favor of correctness of the decision of the lower court and the burden is on the appellant to affirmatively show error.
2. Criminal Law-Appeals-Scope of Review
Appellate Division has an obligation, in a criminal appeal, to consider the evidence in the light most favorable to the government.
3. Criminal Law-Appeals-Scope of Review
It is not the province of the Appellate Division to substitute its belief as to what the trier of fact should have found and must sustain the verdict if there is sufficient competent evidence in the record to support the lower court's finding.
4. Appeal and Error-Affirmance-Grounds
Conviction was upheld on appeal, where the notice of appeal did not allege particulars of any error committed by the trial court, but only alleged that the findings of the trial court were contrary to the manifest weight of the evidence.
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Counsel for Appellant:
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JOHNSON TORIBIONG, TORIBIONG &
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COUGHLIN, ATTORNEYS AT LAW, PDC Building, P.O. Box 378, Koror, Republic of
Palau 96940
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Counsel for Appellee:
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KEVIN N. KIRK, Assistant Attorney
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General, Office of the Attorney General, Trust Territory of the
Pacific Islands, Capitol Hill, Saipan, CM 96950
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Before BURNETT, Chief Justice, GIANOTTI, Associate Justice
GIANOTTI, Associate Justice
Appellant has appealed from a conviction of felony mayhem and assault and battery with a dangerous weapon arising out of an occurrence in Palau on or about January 3, 1979.
Appellant's grounds for appeal are:
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