The People of the Territory of Guam v. Juan Mafnas Atoigue

Before KOELSCH and CARTER, Circuit Judges, and ZIRPOLI, District Judge.

On January 2, 1974, Donald Minot, the manager of the Seven-Up Bottling Company plant at Maite, Guam, was found dead in his office. He had been stabbed six times. Appellant in this case was charged, in a two-count indictment, with Minot’s murder, in violation of sections 189 and 190 of the Penal Code of Guam, and with robbery in violation of sections 211, 212 and 213 of the Penal Code of Guam. After a trial at which he was ably represented by counsel who also represents him in this appeal, he was convicted on both counts and sentenced to life imprisonment on the first count and five years in prison on the second. He appeals on two grounds, neither of which is meritorious.

First, appellant attacks the sufficiency of the evidence to support his conviction for murder in the first degree. He does not object to the instructions on lesser offenses, and there is no question that he did stab Minot to death, although there is some doubt as to what he used to commit the crime since the murder weapon has never been found. Thus, the only contention he makes is that the evidence does not support the jury’s…