1928-12-31-sc-p17-grant-new-trial-to-john-pavelich

December 31, 1928 Spokane Daily Chronicle Page 17:

GRANT NEW TRIAL TO JOHN PAVELICH

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Convicted as Jointist, but Error in Court Instructions Is Found.

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John Pavelich, convicted in Spokane county courts on a jointist charge, will receive a new trial, according to the ruling handed down today by the supreme court

The reversal was made on the grounds that the lower court had failed to instruct the jury not to draw the inference that Pavelich was guilty because he declined to take the witness stand, an Associated Press dispatch said.

The court added that remarks made by the Deputy Prosecutor were prejudicial.

Mike Chatovich, convicted with Pavelich, failed to obtain a reversal. Both men were sentenced to serve from one to five years in the State penitentiary.