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PEOPLE OF TERRITORY OF GUAM v. INGLETT

No. 23679.

417 F.2d 123 (1969)

The PEOPLE OF the TERRITORY OF GUAM, Plaintiff-Appellee, v. Bobby G. INGLETT, Defendant Appellant.

United States Court of Appeals Ninth Circuit.

September 16, 1969.

Attorney(s) appearing for the Case

John J. Carniato, Walnut Creek, Cal. (argued), of Arriola, Bohn & Dierking, Agana, Guam, for appellant.

Richard Magee, Agana, Guam (argued); Frank G. Lujan, Atty. Gen., John P. Raker, Deputy Atty. Gen., Gerald J. Smith, Asst. Atty. Gen., Agana, Guam, for appellee.

Before HAMLEY and BROWNING, Circuit Judges, and REAL, District Judge.

BROWNING, Circuit Judge:

Defendant was prosecuted and convicted on an information charging rape. The sole issue on appeal is whether section 10(u) of the Guam Elective Governor Act, 48 U.S.C. § 1421b(u),1 by extending the Fifth Amendment of the Constitution to Guam, made grand jury indictment mandatory in the prosecution of infamous crimes by the territorial government.

Since 1954, section 1424(b) of Title 48 has provided...

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