High Court of American Samoa, 1980

Rees v. American Samoa Government

Rees v. American Samoa Government
High Court of American Samoa · Decided November 28, 1980 · Aetasi, Miyamoto, Nichols, Nielsen, Seva
1 Am. Samoa 2d 47

Rees v. American Samoa Government

Opinion of the Court

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 *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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