People v. Popovich

• Decision Date: 21 December 1920
• Docket Number: No. 13567.,13567.
• Citation: 295 Ill. 491,129 N.E. 161
• Parties: PEOPLE v. POPOVICH.
• Court: Illinois Supreme Court

295 Ill. 491

129 N.E. 161

PEOPLE

v.POPOVICH.

No. 13567.

Supreme Court of Illinois.

Dec. 21, 1920.

Error to Circuit Court, Franklin County; Charles H. Miller, Judge.

Bozo Popovich was convicted of murder, and brings error.

Affirmed.R. E. Hickman and G. A. Hickman, both of Benton, and Conrad Schul, of Mt. Vernon (Layman & Johnson, of Benton, of counsel), for plaintiff in error.

Edward J. Brundage, Atty. Gen., Roy C. Martin, State's Atty., of Chicago, and C. W. Middlekauff, of Springfield, for the People.

STONE, J.

Plaintiff in error was indicted, tried, and convicted of the murder of Meko Depich and sentenced to the penitentiary at Menard, Ill., for a term of 14 years. He seeks here to reverse the judgment. The grounds upon which such reversal is sought are that the verdict of the jury was the result of prejudice or passion and not supported by the evidence, and error in the admission of testimony and in instructing the jury.

The killing occurred in the village of Sesser, in Franklin county, Ill., on the night of December 12, 1919. Plaintiff in error and deceased were miners and natives of Montenegro, as were most of the witnesses in the case. The village of Sesser is in the mining district of Franklin county. Plaintiff in error at the time of the killing was occupying, with Bozo Isanovich, a room in the house of Mike Shofer; they cooking their own meals and doing housekeeping for themselves, This house faced south. The southwest room was occupied by plaintiff in error and Isanovich, and the room immediately east was occupied by Mike Tomonovich, the rooms being connected by a door. In the south end of the room occupied by plaintiff in error there was a door leading to the outside. The killing occurred in the room of plaintiff in error. He and Isanovich had occupied this room for about a month prior to the killing. It appears from the evidence that Isanovich and Tomonovich, who were witnesses on the part of the people, were, and had been for some time, friends of the plaintiff in error, and that there never had been any trouble between him and either of them; that on the day of the killing Isanovich arrived at his room with the deceased about 8 o'clock p. m.; that plaintiff in error was not there and had not been for the greater portion of the day; that Isanovich prepared supper for himself and plaintiff in error and waited for the latter's return to the house; that as he did not come Isanovich put away his supper for him; that the deceased, Depich, and Isanovich talked for some time, and, upon hearing Tomonovich in his room adjoining, they asked him to come in and play for them on a musical instrument similar to a guitar which he had. Tomonovich came in and played and the three men talked for about 30 minutes, when plaintiff in error entered the room and asked them what they were doing there. Isanovich and Tomonovich testified that plaintiff in error was pale and trembling and seemed to be excited. Tomonovich testified that his face looked changed; looked pale and nervous; that he said, ‘What meeting you got in here?’ that deceased said, ‘No meeting;’ that Isanovich said, ‘No meeting; what's the matter? Set down, Bozo;’ that plaintiff in error drew an automatic pistol and began shooting; that he shot Isanovich first, then Depich; that all three of the men were shot; that he fired about nine shots; that deceased was shot while sitting on a chair, and that he did not get up, but fell to the floor and lay there till after the plaintiff in error left the house, when he was picked up and put upon a bed; that Isanovich was shot twice through the body and Tomonovich was shot through the knee as he was seeking rufuge under the bed. Depich was shot through the abdomen, the bullet entering his right side and perforating his intestines. He was taken to the hospital at Centralia, Ill., and operated upon, and died on the 26th day of December of said bullet wound. Both Isanovich and Tomonovich testified that no one attempted to harm plaintiff in error in any way. Plaintiff in error after the shooting left the house, walked up the railroad tracks to Centralia, and was there captured and brought back by the officers.

Plaintiff in error claims, and so stated in his testimony, that, at the time he shot, all three men were coming toward him and that he fired in self-defense. He stated that the deceased was engaged in enlisting soldiers to aid in the fight to restore to his throne the king of Montenegro; that on the day before the killing the deceased came to his room and solicited him to sign up for the Montenegrin army; that he told him he could not, that he had previously signed up to fight for the United States; that in order to avoid trouble with deceased he left his room and remained away until after 12 o'clock at night; that he had been told that the deceased was a violent and dangerous man. Plaintiff in error also testified that on the evening of December 12 he came to his room about half past 9; that he found his roommate (Isanovich) and Mike Tomonovich there, with the deceased; that upon his entering the room Isanovich asked him it he was ready to sign up; that he refused to sign, whereupon Isanovich attacked him, grabbing him by the right shoulder, and a fight of all four of them ensued. Plaintiff in error testified that the deceased and Isanovich and Tomonovich were armed at the time, and in the fight ensuing the three men were shot.

On the trial of the cause both Isanovich and Tomonovich testified that they did not have a gun, although the former was later recalled and testified that after plaintiff in error went away he got a pistol from the drawer of a dresser in his room, fearing that he might return, and that he later gave it to Mrs. Shofer, the wife of the landlord, who hid it. Mike Shofer, the landlord, testified that after the shooting Depich gave him a pistol that he had in his pocket and that Shofer hid the...