Rees v. American Samoa Government

High Court of American Samoa

Rees v. American Samoa Government

1 Am. Samoa 2d 47

High Court of American Samoa·Decided November 28, 1980·No. AP No. 24-79·Published

Opinion

PER CURIAM.

This is an appeal from a finding by the trial court that Appellant was guilty of a violation of 22 ASC 1002.1.

The sole issue on the appeal is whether the government must prove a£ the trial that the driver of a vehicle knows a passenger in or on his vehicle has his body extending beyond the interior portion of the vehicle.

We hold that the statute in question defines a crime we term "maluqi prohibitum" and which was within the proper legislative ambit of the Fono [48]*48and that it is not necessary for the government to prove knowledge on the part of the driver in order to support a finding of guilty.

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PER CURIAM.

This is an appeal from a finding by the trial court that Appellant was guilty of a violation of 22 ASC 1002.1.

The sole issue on the appeal is whether the government must prove a£ the trial that the driver of a vehicle knows a passenger in or on his vehicle has his body extending beyond the interior portion of the vehicle.

We hold that the statute in question defines a crime we term "maluqi prohibitum" and which was within the proper legislative ambit of the Fono [48]*48and that it is not necessary for the government to prove knowledge on the part of the driver in order to support a finding of guilty.

Rees v. American Samoa Government, 1 Am. Samoa 2d 47 (amsamoa 1980).

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