Wrongly Convicted Database Record

 

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Baton Rouge Defendant 9

 

Charge:

Disturbing the Peace (Incl. Breaching Public Order)

Sentence:

4 months imprisonment with 3 months suspended upon pymt of $100 fine

Years Imprisoned:

0.33

Year Crime:

1960

Year Convicted:

1960

Year Cleared:

1961

U.S. State or Country of Crime:

Louisiana

County or Region of Crime:

East Baton Rouge

City of Crime:

Baton Rouge

Result:

Judicially Exonerated

Summary of Case:

"16 co-defendants all convicted wrongly of conducting a sit-in to end segregation at lunch counters in Baton Rouge, Louisiana: two were arrested at the "white" lunch counter at Sitman’s Drug Store; seven were arrested at a "white" lunch counter in a Kress chain store; and seven were arrested at the "white" lunch counter in the Greyhound bus station. They were all sentenced to 4 months imprisonment or 1 month imprisonment (3 months suspended) with payment of a $100 fine. The defendant's appealed, and on December 11, 1961 the United States Supreme Court unanimously overturned the convictions, ruling that, "The convictions were so totally devoid of evidentiary support as to violate the Due Process Clause of the Fourteenth Amendment.""

Conviction Caused By:

Misapplication of the law.

Innocence Proved By:

"On December 11, 1961 the U.S. Supreme Court overturned the convictions of all 16 co-defendants on the basis of insufficient evidence they had done anything to disturb the peace. (Garner v. Louisiana, 368 U.S. 157 (1961))"

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Skin/Ethnicity:

Black

Information Source 1:

"Garner v. Louisiana, 368 U.S. 157 (1961)"

Information Location 1:

http://supreme.justia.com/us/368/157/case.html

Information Source 2:

"Conviction of Negros Overturned, AP Story, Lakeland Ledger, December 11, 1961, page 1"

Information Location 2:

"http://news.google.com/newspapers?id=3RlXAAAAIBAJ&sjid=RfoDAAAAIBAJ&pg=3971,1675634&dq=overturned+conviction&hl=en"

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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