Wrongly Convicted Database Record
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Charge: |
Abandonment of wife |
Sentence: |
Fine |
Years Imprisoned: |
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Year Crime: |
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Year Convicted: |
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Year Cleared: |
1909 |
U.S. State or Country of Crime: |
Texas |
County or Region of Crime: |
Harris |
City of Crime: |
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Result: |
Judicially Exonerated |
Summary of Case: |
"Mr. Smythe was wrongly convicted of abandoning his wife and child in Harris County, Texas. On May 12, 1909 the Texas Court of Criminal Appeals granted Smythe's writ of habeas corpus and reversed his conviction on the basis the statute he was convicted of violating was unconstitutional because it h authorized the proceeds of a fine imposed "shall be paid to the court for the benefit of the wife, or to the guardian or custodian of the minor child or children." The Court ruled that violated the Texas Constitution, Sec. 6. Art. 16 that "No appropriation for private or individual purposes shall be made." Smythe's indictment was ordered dismissed." |
Conviction Caused By: |
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Innocence Proved By: |
"On May 12, 1909 the Texas Court of Criminal Appeals granted Smythe's writ of habeas corpus and reversed his conviction on the basis the statute he was convicted of violating was unconstitutional because it h authorized the proceeds of a fine imposed "shall be paid to the court for the benefit of the wife, or to the guardian or custodian of the minor child or children." The Court ruled that violated the Texas Constitution, Sec. 6. Art. 16 that "No appropriation for private or individual purposes shall be made." Smythe's indictment was ordered dismissed." |
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Was Perpetrator Identified? |
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Sex: |
Male |
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Information Source 1: |
"Ex parte Smythe, 120 SW 200 (1909) (Granting writ of habeas corpus and reversing conviction based on unconstitutionality of the statute he was convicted of violating.)" |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org