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Trust Territory v Bermudes [1975] TTLawRp 34; 7 TTR 230 (CV051) (17 April 1975)

TRUST TERRITORY OF THE PACIFIC ISLANDS, Plaintiff-Appellant

v.

MARIANO R. BERMUDES, Defendant-Appellee

Criminal Appeal No. 51

Appellate Division of the High Court

April 17, 1975

Appeal which was not prosecuted by appellant. The Appellate Division of the High Court, Williams, Associate Justice, dismissed the appeal.

Appeal and Error—Notice and Filing of Appeal

Where appellant did not file a brief, appeal would be dismissed for failure to prosecute it. (5 TTC § 52; Rules Crim. Proc. 32(d), (h) (2))

WILLIAMS, Associate Justice

It appears the certification of record was filed and served on appellant and appellee on September 26, 1974, and pursuant to Rule 32(h) (2) Rules of Criminal Procedure, appellant's brief was due on November 26, 1974. It further appears no brief has been filed by appellant or appellee and that in accordance with Rule 32(d) Rules of Criminal Procedure, the appeal may be dismissed. After consideration of the record and file in this case, the Court finds the appeal should be dismissed in accordance with 5 TTC § 52 for failure to prosecute the appeal in accordance with the Rules. Now, Therefore,

It is hereby ordered, the appeal in the above entitled matter be and is hereby dismissed.