People v. Dzambazovic

15 Citing cases

  1. People v. Robinson

    163 Ill. App. 3d 754 (Ill. App. Ct. 1987)   Cited 60 times
    Concluding that an issue was not forfeited where it was not set forth in either the “ ‘Points and Authorities' ” or “ ‘Statement of Issues' ” section of the brief because it “was argued, with citations to authority, on two pages in the body of brief”

    Moreover, in Purrazzo, the court recognized that a self-defense instruction is proper even though the defendant testifies that the killing was accidental, as long as there is some evidence from which the jury could find that the killing resulted from preceding threats or provocation. 95 Ill. App.3d at 895, 420 N.E.2d at 468. Again exemplifying "false conflict," evidence of self-defense was absent in People v. Dzambazovic (1978), 61 Ill. App.3d 703, 377 N.E.2d 1077, appeal denied (1978), 71 Ill.2d 619, which was another case of allegedly accidental shooting. The opinion upheld the trial court's refusal to give a self-defense instruction because "the evidence presented by the defendant did not raise the issue of self-defense."

  2. People v. Everette

    187 Ill. App. 3d 1063 (Ill. App. Ct. 1989)   Cited 22 times
    Holding that the failure to record defendant's statements did not violate the due process clause of the Illinois Constitution

    The court therefore concluded that the Purrazzo defendant was indeed relying on an accident theory and had failed to show that he was engaged in any intentional self-defensive acts when the shots, which indisputably hit his wife, were fired. In People v. Dzambazovic (1978), 61 Ill. App.3d 703, 377 N.E.2d 1077, the defendant testified that the victim produced a gun and threatened to kill him and herself if the defendant drove to meet her boyfriend; he struggled with the victim for the gun; the gun went off accidentally while the victim was holding it; and he did not shoot her with an intent to kill her. The Robinson court said that no self-defense justifying an instruction thereon was shown in Dzambazovic.

  3. People v. Everette

    184 Ill. App. 3d 895 (Ill. App. Ct. 1989)

    The court therefore concluded that the Purrazzo defendant was indeed relying on an accident theory and had failed to show that he was engaged in any intentional self-defensive acts when the shots, which indisputably hit his wife, were fired. In People v. Dzambazovic (1978), 61 Ill. App.3d 703, 377 N.E.2d 1077, the defendant testified that the victim produced a gun and threatened to kill him and herself if the defendant drove to meet her boyfriend; he struggled with the victim for the gun; the gun went off accidentally while the victim was holding it; he did not shoot her with an intent to kill her. The Robinson court said that no self-defense justifying an instruction thereon was shown in Dzambazovic.

  4. People v. Smith

    105 Ill. App. 3d 84 (Ill. App. Ct. 1982)   Cited 7 times

    Defendant argues that evidence concerning a defendant's use of narcotics is inadmissible in a prosecution for an offense that does not involve narcotics. (See People v. Dzambazovic (1978), 61 Ill. App.3d 703, 377 N.E.2d 1077.) Defendant urges that the facts presented in this case warrant reversal under People v. Novak (1965), 63 Ill. App.2d 433, 211 N.E.2d 554. In Novak, a reference to narcotics was made during direct examination of defendant.

  5. People v. Everette

    141 Ill. 2d 147 (Ill. 1990)   Cited 177 times
    Holding a homicide defendant was entitled to a self-defense instruction where there was some evidence in the record which, if believed by the jury, would have supported the defense, even though the defendant testified that he accidentally killed the victim

    Several panels of the appellate court have refused to allow a jury to be charged with self-defense instructions where the evidence demonstrates that the homicide was an accident. See, e.g., People v. Holloway (1985), 131 Ill. App.3d 290, 310-11; People v. Purrazzo (1981), 95 Ill. App.3d 886, 895; People v. Dzambazovic (1978), 61 Ill. App.3d 703, 716-18. The decision in People v. Robinson (1987), 163 Ill. App.3d 754, reviewed these decisions in an effort to reconcile the apparent split.

  6. In re Marriage of Pylawka

    277 Ill. App. 3d 728 (Ill. App. Ct. 1996)   Cited 39 times
    Providing that when an obligor parent has an overwithholding of income taxes deducted from his pay, thereby overpaying his income tax, the disparity that exists between the amount of withheld taxes and the amount of taxes actually paid should be added back into his net income for the purpose of determining his child support obligation

    We find that Sandra has waived the issue. (See People v. Dzambazovic (1978), 61 Ill. App.3d 703, 713.) A party waives an objection where a ruling is not requested after the trial court fails to make one.

  7. People v. Foster

    190 Ill. App. 3d 1018 (Ill. App. Ct. 1989)   Cited 15 times

    Such an error may be considered harmless where the evidence as a whole shows that the accused is guilty beyond a reasonable doubt. People v. Pittman (1984), 126 Ill. App.3d 586, 590, 467 N.E.2d 918, 922, citing People v. Nicholson (1978), 61 Ill. App.3d 621, 629, 377 N.E.2d 1063, 1070; People v. Dzambazovic (1978), 61 Ill. App.3d 703, 716, 377 N.E.2d 1077, 1086. • 12 In the case at bar, the admission of most, if not all, of these items constituted error.

  8. People v. Mitchell

    163 Ill. App. 3d 58 (Ill. App. Ct. 1987)   Cited 16 times
    Holding that evidence adduced at trial that the cut on the victim's neck extended virtually from ear to ear, severing the jugular vein and lacerating the larynx was consistent with murder and not involuntary manslaughter

    Moreover, the defendant himself testified that the killing was an accident. This court has held that it was proper to refuse self-defense instructions in cases where a gun went off accidentally while the defendant and the deceased struggled for it. People v. Purrazzo (1981), 95 Ill. App.3d 886, 420 N.E.2d 461, cert. denied (1982), 455 U.S. 948, 71 L.Ed.2d 661, 102 S.Ct. 1448; People v. Dzambazovic (1978), 61 Ill. App.3d 703, 377 N.E.2d 1077. The only evidence presented at trial which can be considered as tending to show an intent to kill was Maurice's alleged statement to Ivy that he killed Debra in a fight; but this contradicts another statement he made to Ivy in respect to Debra's death, and, as noted, he also testified that Debra died by accident.

  9. People v. Charleston

    132 Ill. App. 3d 769 (Ill. App. Ct. 1985)   Cited 16 times
    In Charleston, an expert testifying about a decedent's blood-alcohol level was impeached with evidence that he once made an error in a blood test conducted in another case.

    Self-defense relates to knowingly and intentionally using force to deter another; for it to be present defendant must have fired the gun intentionally and, where an accident is claimed, self-defense is out of the case. People v. Dzambazovic (1978), 61 Ill. App.3d 703, 717, 377 N.E.2d 1077, appeal denied (1978), 71 Ill.2d 619. The unspecified evidence of the victim's propensity for violence was properly excluded by the trial court as such evidence, if it existed, may be shown only where defendant has raised the theory of self-defense.

  10. People v. Brooks

    130 Ill. App. 3d 747 (Ill. App. Ct. 1985)   Cited 17 times
    In Brooks, the defendant testified that he struggled with one victim's gun after the victim had fired two shots at him, and during the struggle two more shots were accidentally fired.

    We are aware of cases which have taken a view different from that espoused herein. ( Cf. People v. Chatman (1982), 110 Ill. App.3d 19, 441 N.E.2d 1292; People v. Purrazzo (1981), 95 Ill. App.3d 886, 420 N.E.2d 461, cert. denied (1982), 455 U.S. 948, 71 L.Ed.2d 661, 102 S.Ct. 1448; People v. Dzambazovic (1978), 61 Ill. App.3d 703, 377 N.E.2d 1077.) However, we believe that, based on the record before us and the authorities relied upon above, defendant should have been given a self-defense instruction, and it was reversible error for the trial court not to do so.