Wrongly Convicted Database Record

 

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Charles Kirkpatrick

 

Charge:

Obsenity Related Charge

Sentence:

90 days in jail or $500 fine

Years Imprisoned:

Year Crime:

1969

Year Convicted:

1970

Year Cleared:

1973

U.S. State or Country of Crime:

New York

County or Region of Crime:

New York

City of Crime:

New York City

Result:

Judicially Exonerated

Summary of Case:

"Charles Kirkpatrick and Peter Dargis were codefendants wrongly convicted of obscenity for distributing Zap Comix #4 ( August 1969) in New York City. After being found guilty after a bench (judge only) trial, each of the defendants was sentenced to 90 days in jail or $500 fine. The prosecution didn't present any evidence that the defendants knew the contents of the issue. The defendants appealed. On March 15, 1973 the New York Court of Appeals vacated their convictions on the basis the prosecution had presented insufficient evidence the defendants had criminal intent to violate the obscenity statute -- because there was no evidence they knew the magzine's contents. The Court ordered reversal of their convictions and dismissal of the informations charging them. "

Conviction Caused By:

The judge didn't require the prosecution to present evidence the defendant's had ciminal intent.

Innocence Proved By:

"On March 15, 1973 the New York Court of Appeals vacated the defendant's convictions on the basis the prosecution had presented insufficient evidence the defendants had criminal intent to violate the obscenity statute -- because there was no evidence they knew the magzine's contents. The Court ordered reversal of their convictions and dismissal of the informations charging them."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"People v. Kirkpatrick, et al., 32 NY 2d 17, 295 N.E.2d 753 (NY Court of Appeals, 3-15-1973) (Vacating convictions and ordering dismissal of indictment)"

Information Location 1:

"http://scholar.google.com/scholar_case?case=6084129893595132553&q=conviction+vacated+insufficient+evidence&hl=en&as_sdt=4,33"

Information Source 2:

"Obscenity Case Files: Zap Comix #4, By Joe Sergi, cbldf.org, June 13, 2013"

Information Location 2:

http://cbldf.org/2013/06/obscenity-case-files-zap-comix-4/

Information Source 3:

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

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