The People of the Territory of Guam v. Bobby G. Inglett

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), 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 that “no provisions of any * * * rules which authorize or require * * * the prosecution of offenses by [grand jury indictment], instead of by information shall be applicable to the District Court of Guam,” unless the legislature of Guam determines to require prosecution by indictment. Defendant argues, however, that this section conflicts with the Guam Elective Governor Act’s extension of the Fifth Amendment to Guam and was therefore repealed by the latter Act. In support of this argument, defendant points to section 11 of the Virgin Islands Elective Governor Act, 48 U.S.C. § 1561 , which, though otherwise identical to section 10(u) of the Guam Elective Governor Act, concludes with the proviso that “all offenses shall continue to be prosecuted in the district court by information as…