Wrongly Convicted Database Record

 

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Herschel McCarn

 

Charge:

Bank Robbery (incld. Armed)

Sentence:

10 to 25 years

Years Imprisoned:

7

Year Crime:

1933

Year Convicted:

1933

Year Cleared:

1940

U.S. State or Country of Crime:

Alabama

County or Region of Crime:

Fayette

City of Crime:

Berry

Result:

Pardoned

Summary of Case:

"Glenn Davis, Herschel McCarn and Bill Hathaway were codefendants wrongly convicted by a jury of a bank robbery committed in Berry, Alabama in 1933 based on the testimony of eyewitnesses to the robbery. The were each sentenced to 10 to 25 years in prison. Seven years later, in 1940, one of the actual bank robbers confessed to the crime and named his accomplices after his arrest for an unrelated crime. Based on the new evidence of their innocence by the actual robbers, Davis, McCarn and Hathaway were pardoned in 1940 by Alabama's Board of Pardons and Paroles and released after seven years of imprisonment. The pardon board stated the identification error was caused by the three men's "remarkable resemblance" to the actual robbers."

Conviction Caused By:

Erroneous identification by eyewitnesses to the bank robbery.

Innocence Proved By:

"Based on the new evidence of their innocence by one of the actual robbers, Davis, McCarn and Hathaway were pardoned in 1940 by Alabama's Board of Pardons and Paroles and released after seven years of imprisonment."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Yes

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"''Not Guilty," Judge Jerome Frank and Barbara Frank, Doubleday, NY, 1957, pp. 191-192"

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

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