1928-01-07-sc-p10-dismiss-charges-facing-pavelich
January 07, 1928 Spokane Daily Chronicle Page 10:
DISMISS CHARGES FACING PAVELICH
Habitual Criminal Count Will Not Be Tried in Superior Court. --- The habitual criminal charge against John Pavelich, convicted Spokane jointist, was dismissed by Superior Judge R. M. Webster today.
The action was taken in granting a motion made by Attorney Richard Nuzum, Pavelich’s counsel, who argued that the habitual criminal charge should not stand because the second offense occurred before a conviction was secured on the first offense.
The charge was made under the statute which allows an habitual criminal offense to be charged after two felony convictions. An habitual criminal conviction on this kind of a charge carries a minimum penitentiary sentence of 10 years.
Sentenced to Prison.
Pavelich was arrested late last summer at a soft drink parlor where officers claim booze was sold. This case was tried during the September term of court and he was sentenced to serve a year in the state prison when a new trial was denied by Superior Judge Fred Witt on September 22.
On September 1, he was again arrested by police officers and convicted on a jointist charge again during the November term of court. An habitual criminal charge was then filed.
The first conviction is now on appeal to the state supreme court. The second case may also be appealed, his attorneys have announced.
Should both of these convictions be affirmed the state will be in a position to file an habitual criminal charge with three prior convictions, if Pavelich is ever convicted of an- other felony, Deputy Prosecutor A. O. Colburn, who appeared for the state today, said. A conviction on this charge would carry a life sentence.
