People v. Jackson

• Decision Date: 23 July 1928
• Citation: 1 V.I. 149
• Parties: THE PEOPLE, Plaintiff v. DANIEL JACKSON, Defendant
• Court: U.S. District Court — Virgin Islands

1 V.I. 149

THE PEOPLE, Plaintiff v. DANIEL JACKSON, Defendant

District Court of the Virgin Islands Christiansted Sub-Judicial District St. Croix

July 23, 1928

Prosecution for nonsupport of illegitimate child, the matter having come before the District Court on recommendation of the Government Attorney that defendant be discharged, stating that complaint had not been filed in the Police Court within one year from birth of the child in question. The District Court, Williams, J., held that Government Attorney is not charged with any duty in the way of recommendation in such cases, and that defendant, himself, did not raise question of limitations, and denied the recommendation.

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WILLIAMS, Judge

This matter is now before the Court on recommendation of the Government Attorney — in the language provided by section 5, chapter 4, Title V, of the Code (1921; 5 V.I.C. § 3501 note) — that the defendant be discharged — to wit: "There being no sufficient cause to believe the above named Daniel Jackson guilty of an offense I recommend his discharge."

[1, 2] It will be remembered that in this jurisdiction the Government Attorney acts as grand jury, and as such informs in all cases tried in the District Court, except in cases where appeals are taken from the Police Court, which cases are tried on the original papers. (See chapter 4, Title V of the Code [1921; 5 V.I.C. §§ 3501 note, 3581(b)]). These proceedings (1921 Code, Title V, ch. 38; 16 V.I.C. §§ 291-303) are very much in the nature of an appeal from the Police Court, in that they do not require any information or any action whatsoever on the part of the Government Attorney. See People vs. Lydeatt, Christiansted Sub-Judicial District. [3-5] An examination of sections 4 and 5 of said chapter 4 (supra) will reveal the fact that the recommendation, such as has been filed in this case, was to be made only "in cases in which Police Courts have no jurisdiction to try and determine the same." Section 7 provides that "in all offenses within the jurisdiction of the Police Court, that may be transferred to the District Court upon appeal or otherwise, the Government Attorney need not file an information. Such cases shall be tried on the original complaint and warrant." Thus, it will be seen, that in matters of appeals or actions under the ordinance here involved (chapter 38, Title V [1921 Code; 16 V.I.C. §§ 291-303]), the Government Attorney is charged with no responsibility for the bringing of the cases to the District Court, but is only required to prosecute, on behalf of The People, when they appear in the District Court. Therefore, he is not charged with any duty in the way of recommendation in such cases.

[6, 7] At the time the recommendation was filed the Government Attorney stated that the complaint had not been filed within one year from the birth of the child in question. In People vs. Lydeatt, supra, it was held that cases under chapter 38 (supra) were to be considered as misdemeanors. According to subsection 3, of section 1, chapter 2, Title V, of the Code (1921; 5 V.I.C. § 3541(3)), "Any misdemeanor action must be commenced within one year after its commission." An examination of the record, as it came from the Police Court, will not show that the defendant made any objection to the complaint in the way of setting up the ordinance of limitations. He merely admitted that he had been giving a monthly support of $5.00, but stated that he is unable to continue the payment, and offered $3.00 per month. This, complainant would not agree to, and the case was referred to the District Court, as in caseswhere the parties cannot reach an agreement that could be approved by the Government Attorney.

[8-10] It will thus be seen that the defendant himself did not raise the question of limitations, and, as far as the record discloses he may have been either a fugitive from justice or out of the jurisdiction voluntarily, so that limitations would not run against him by the time suit was brought. In any circumstance he has not raised this point, and I do not see that the Government Attorney is justified in raising it at this juncture of the proceedings. Statutes of limitations do not go to the right, but go to the remedy. The right always exists,...