
    ATAPANA AUMUA, Appellant, v. GOVERNMENT OF AMERICAN SAMOA, Appellee.
    High Court of American Samoa Appellate Division
    AP No. 25-79
    November 21, 1980
    Before MIYAMOTO, Chief Justice, presiding, MCNICHOLS, Acting Associate Justice, NEILSEN, Acting Associate Justice, P0UT0A, Associate Judge, and SEVA’AETASI, Associate Judge.
    
      
      Honorable Ray McNichols, United States District Court Judge, District of Idaho, sitting by designation of the Secretary of the Departemnt of the Interior.
    
    
      
      Honorable Leland C. Nielsen, United States District Court Judge, Southern District of California, sitting by designation of the Secretary of the Department of the Interior.
    
   PER CURIAM.

This is a direct appeal from the District Court on the issue of whether the defendant in a traffic case may be tried upon an unsworn complaint. Pursuant to law, the police officers of the Government of American Samoa utilize a Uniform Traffic Ticket and Complaint which must be sworn to by the citing officer before a person authorized to administer oaths.

22 ASC 2409 (b) provides in part:

Before any offense shall be heard 'by the court, or any plea taken, there shall be filed with the clerk of the court a complaint signed and sworn to by a police officer of American Samoa which shall set forth the particulars of the alleged offense.

The law is clear. The requirement of a sworn complaint is jurisdictional. The District Court, in this case, had no jurisdiction to proceed with the trial and to sentence the Defendant.

Accordingly, the conviction of the Appellant-defendant is reversed.  