Wrongly Convicted Database Record

 

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Cecile Gordon

 

Charge:

Resisting Arrest

Sentence:

$50 fine

Years Imprisoned:

Year Crime:

1960

Year Convicted:

1960

Year Cleared:

1961

U.S. State or Country of Crime:

South Carolina

County or Region of Crime:

Charleston

City of Crime:

Charleston

Result:

Judicially Exonerated

Summary of Case:

"Christopher Mitchell, John Bailey, Joseph Gerideau, James Gilbert Blake, Andrew Brown, Alvin Delford Latten, Fred Small, Cornelius Fludd, Charles Butler, Francis Johnson, David Paul Richardson, Joseph Jones, Alfred Hamilton, Harvey Gantt, Allen Coley, Kenneth Andrew German, Carolyn Jenkins, Arthuree Singleton, Jenniese Blake, Delores Brown, Annette Graham, Cecile Gordon, Verna Jean McNeill and Minerva Brown were 24 codefendants wrongly convicted on April 19, 1960 of resisting arrest on April 1, 1960 when they were arrested for trespassing at a S.H. Kress & Company in Charleston, South Carolina. At about 10:45 a.m. the 24 codefendants, all high school students, entered the S.H. Kress store and seated themselves at the lunch counter. They remained seated there for almost six hours when about 4:30 p.m. a threat to bomb the store was received and the store's manager approached the students and told them who he was and twice requested that they leave. The store was evacuated of all personnel,and when they remained seated the Chief of the Charleston Police Department ordered the 24 to leave the premises or they would be arrested. Acting on the request of the store's manager that they leave the 24 were arrested and charged with trespassing and resisting arrest. After their convictions on both charges they were each sentenced to a fine of $50 on both charges, for a total fine of $100. After their convictions were affirmed by the Circuit Court they appealed to the South Carolina Supreme Court. On December 13, 1961 the Supreme Court overturned the 24 defendants' convictions for resisting arrest because "It appears to us that the conduct of the appellants in refusing obedience to the request of the Chief of Police of the City of Charleston was merely inaction on their part and did not constitute interference with said officer in the discharge of his official duty." Consequently, no crime occurred. The Court affirmed their convictions for trespassing."

Conviction Caused By:

"Erroneous interpretation by the trial judge of what constiuted "resisting arrest" under the statute."

Innocence Proved By:

"On December 13, 1961 the Supreme Court overturned the 24 defendants' convictions for resisting arrest because "It appears to us that the conduct of the appellants in refusing obedience to the request of the Chief of Police of the City of Charleston was merely inaction on their part and did not constitute interference with said officer in the discharge of his official duty.""

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Female

Skin/Ethnicity:

Black

Information Source 1:

"City of Charleston v. Mitchell, 239 S.C. 376, 123 SE 2d 512 (SC Supreme Ct 1961)"

Information Location 1:

"http://scholar.google.com/scholar_case?case=10825255128120692884&q=Thompson+v.+Louisville,+362+U.S.+199+%281960%29&hl=en&as_sdt=6,48"

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

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