208 N.W. 675 (Mich. 1926), 137, People v. Mondich

Docket Nº:137
Citation:208 N.W. 675, 234 Mich. 590
Opinion Judge:STEERE, J.
Party Name:PEOPLE v. MONDICH.
Attorney:Willard & Czarnecki, of Detroit, for appellant. Andrew B. Dougherty, Atty. Gen., and Robert M. Toms, Pros. Atty., and Ward Culver, Asst. Pros. Atty., both of Detroit, for the People.
Judge Panel:BIRD, C.J., and SHARPE, SNOW, FELLOWS, WIEST, CLARK, and McDONALD, JJ., concur.
Case Date:April 30, 1926
Court:Supreme Court of Michigan
 
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Page 675

208 N.W. 675 (Mich. 1926)

234 Mich. 590

PEOPLE

v.

MONDICH.

No. 137

Supreme Court of Michigan

April 30, 1926

Error to Recorder's Court of Detroit; Christopher E. Stein, Judge.

Euphemia Mondich was convicted of murder, and she brings error. Affirmed.

Argued before the full bench.

Willard & Czarnecki, of Detroit, for appellant.

Andrew B. Dougherty, Atty. Gen., and Robert M. Toms, Pros. Atty., and Ward Culver, Asst. Pros. Atty., both of Detroit, for the People.

STEERE, J.

In December, 1924, defendant was [234 Mich. 591] tried, convicted, and sentenced for life to the Detroit House of Correction, under an information filed in the recorder's court of Detroit charging her with having, in the city of Detroit, Wayne county, killed and murdered one John Udurovich on or about September 20, 1921. On the trial defendant took the stand as a witness in her own behalf, and testified to the circumstances of her disposing of Udurovich on or about the time charged, her defense on the facts being that she acted in self-defense and the killing was justified.

The legal defense and ground for reversal urged in her behalf is failure by the prosecution to make competent initial proof of the corpus delicti, that contention being interrogatively propounded in her counsel's brief as follows:

'Was the corpus delicti proven when the confessions of the defendant were admitted over

Page 676

objection, and, if not proven, was error committed?'

In the order of proof the prosecution first called as a witness William Sigsby, a foreman for the Detroit Seamless Steel Tube Company, who in 1921 owned a house and lot known as 17687 Dryer street, located on a scantily developed subdivision in the northerly outskirts of Detroit, and the only house on that side of the street in the block. He identified defendant as the woman who, with her claimed husband, leased that place from him in September, 1921, under the name of Mr. and Mrs. John Udurovich. They rented it for an indefinite period, and paid two weeks rent. While they occupied the place he had some plumbing done in the house, and was there to look after it. He then again met his tenants. He had conversed with Udurovich when he met him, and was able to describe his appearance. He also identified a photograph of him. He knew they occupied the house for a week or more between September 10th and 25th, 1921, but they gave him no notice of quitting, and he first learned [234 Mich. 592] they were gone when some one in that neighborhood who wanted to rent the cottage called him up and told him they had seen the furniture...

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