1927-10-29-sc-p11-pavelich-faces-habitual-charge
October 29, 1927 Spokane Daily Chronicle Page 11:
PAVELICH FACES HABITUAL CHARGE
Additional Action Follows Prison Sentence on Booze Count.
An habitual criminal charge will be filed against John Pavelich, Proseecutor Charles Greenough announced today after Superior Judge Fred Witt had sentenced Pavelich and Mike Chatovich to serve from one to five years in the state penitentiary at Walla Walla.
The filing of an habitual criminal charge following convictions on felonies under the liquor laws has never been done in this state, nor in, any other western state.
Pavelich has only two prior convictions standing against him. Both are on jointist charges, the first of which was secured before a jury this summer.
Pavelich and Chatovich were convicted of being jointists by a jury in Judge Witt’s court during the September term. Wednesday, Attorneys Joseph Albi and Ed Connelly, represented the men, argued a motion for a new trial, contending that Judge Witt had erred in failing to instruct the jury that failure of the defendants to testify was not an indication of guilty.
Go to Supreme Court.
The case will be carried to the state supreme court, the attorneys for the defendants announced Pavelich and Chatovich were released on bond pending the appeal.
Under the Washington criminal code a conviction on a habitual criminal charge based on two previous convictions for felonies carries a minimum term of 10 years imprisonment whereas a charge based on three felony convictions carries a life sentence.
In 1925 Pavelich was tried on a charge of manslaughter resulting from the death of Dr. G. H. Green who died after a car driven by Pavelich had collided with his car at Fourth and Division.
