Taro v. Government of Guam
Taro v. Government of Guam
Opinion of the Court
This is an appeal from a judgment of the Island Court of Guam in a criminal case.
The appellant takes this appeal from conviction of the offense of assault and battery, and from the order of the Court imposing a fine of $50. The grounds upon which the appeal is based are that the judgment was contrary to the weight of the evidence, and that the judgment was not supported by credible evidence.
Where the only issue on appeal is the weight and credibility of the evi
This general rule is widely applied in the United States appellate courts, and is announced in the following cases which form only a small part of the judicial opinion on this subject. Bridgman v. United States, 9 Cir., 1950, 183 F.2d 750; Noel v. United States, 9 Cir., 1950, 183 F.2d 334, certiorari denied 340 U.S. 921, 71 S.Ct. 352, 95 L.Ed. 665; Madsen v. United States, 10 Cir., 1947, 165 F.2d 507; Wolfe v. United States, 6 Cir., 1945, 149 F.2d 391; Wilder v. United States, 10 Cir., 1938, 100 F.2d 177.
We have perused the transcript of the evidence in this case carefully, and find that there is substantial evidence to support the verdict and order of the court. While it is true that there are some conflicts in that evidence, in adhering to the principles discussed above, the resolution of those conflicts and determination of which of the conflicting evidence is to be believed is left to the trial court.
.The judgment is therefore affirmed.
Reference
- Full Case Name
- TARO v. GOVERNMENT OF GUAM
- Status
- Published