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

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 that “no provisions of any * * * rules which authorize or require * * * the prosecution of offenses by [grand jury indictment], instead of by information shall be…