People v. Vuyacich

TYLER, P. J.

Defendant was charged by information with the crime of murder and convicted of manslaughter.

Little need be said of the evidence, as it is not claimed that it is insufficient to sustain a conviction. Briefly stated, it is as follows:

The accused was the wife of one Steve Vuyacich, who was murdered on or about the ninth day of May, 1921. She had been carrying on illicit relations with one Nick Jaramoaz and they had planned to elope, for the reason given by her that her husband was cruel and had choked one of their children to death. Early in the morning of the day following the commission of the crime here charged, defendant called on her neighbors and informed them that her husband had been murdered by robbers. Shortly thereafter her paramour was arrested and accused of having

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committed the deed. There is evidence to show that prior to the arrest of defendant for participation in the crime she talked over the matter of the killing of her husband with a woman acquaintance, and related to her the manner in which he had been killed. In this conversation she stated that she and her paramour had killed him and had for a long time intended to do so, that they wanted him to insure his life for fifteen or twenty thousand dollars, so that they might be able to go back to the old country. The same story, in substance, was related to the witness at a subsequent period. Thereafter defendant was accused by another acquaintance of having lied to the authorities concerning the manner in which her husband met his death, and was informed by such acquaintance that her paramour had confessed. Defendant then directed this witness to the place where the clothes of the murderer had been buried: She was thereupon arrested. Shortly thereafter she made a confession to the authorities in which she related the details of the murder. She admitted that Jaramoaz and herself had discussed the killing of her husband, and of their intention to return to the old country. She further admitted that according to a prearranged plan Jaramoaz, on the night of the murder, pretended to be a burglar and that he entered the house, threatened her and demanded that she tie her husband’s hands and blindfold him. This she did, and then, as directed, led her husband out of the house, told him to sit down and not be frightened, that she was with him. Deceased followed her directions, whereupon Jaramoaz struck him on the head with a hammer and then stabbed him to death. Defendant at the trial denied making the confession, and testified that on the night of the murder she and Jaramoaz had decided to elope, and that according to the plans as she understood them, her husband was not to have been murdered but simply tied to a tree so that they could get away, but that after he was taken from the house by Jaramoaz she heard him call for help and that she then ran to the door and saw Jaramoaz “working fast with a knife”; that thereafter Jaramoaz took off his clothes and they buried them.