Wrongly Convicted Database Record
|
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: |
"John Burrell Garner was one of 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 Sitmans 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" |
Information Source 3: |
|
Information Location 3: |
|
Information Source 4: |
|
Information Location 4: |
|
Information Source 5: |
|
Information Location 5: |
|
Book About Case: |
|
Book Information: |
|
Book About Case (2): |
|
Book Information (2): |
|
Movie About Case: |
|
Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org