Wrongly Convicted Database Record
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Charge: |
Draft Evasion (including Failure to Register and Failure to report for induction) |
Sentence: |
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Years Imprisoned: |
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Year Crime: |
1918 |
Year Convicted: |
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Year Cleared: |
1923 |
U.S. State or Country of Crime: |
Ohio - Federal Case |
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Result: |
Judicially Exonerated |
Summary of Case: |
"Salberg was wrongly convicted of failing to register with the Selective Service System during World War I. Salberg appealed, and his conviction was overturned in United States v. Salberg, 287 F. 208 (N.D. Ohio 1923), which held that the duty to register under the Selective Service Act of May 18, 1917, ch. 15, § 5, 40 Stat. 76, 80 was specified for one day, June 5, 1917. Thus, failure to register was not a continuing offense." |
Conviction Caused By: |
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Innocence Proved By: |
"Salberg's conviction was overturned in United States v. Salberg, 287 F. 208 (N.D. Ohio 1923), which held the duty to register under the Selective Service Act of May 18, 1917, ch. 15, § 5, 40 Stat. 76, 80 was specified for one day, June 5, 1917. Thus, failure to register was not a continuing offense." |
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Was Perpetrator Identified? |
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Sex: |
Male |
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Information Source 1: |
"United States v. Salberg, 287 F. 208 (N.D. Ohio 1923), cited in Toussie v. United States, 397 US 112 (1970)" |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org