United States Supreme Court Cases & Opinions

U.S. Supreme Court

Shuttlesworth v. City of Birmingham, 373 U.S. 262 (1963)

Shuttlesworth v. City of Birmingham

No. 67

Argued November 6-7, 1962

Decided May 20, 1963

373 U.S. 262

Syllabus

Petitioners, two Negro ministers, were convicted in an Alabama State Court of aiding and abetting a violation of a criminal trespass ordinance of Birmingham, Ala. The only evidence against them was to the effect that they had incited ten Negro students to engage in a "sit-down demonstration" at a white lunch counter as a protest against racial segregation. In Gober v. City of Birmingham, post, p. 374, this Court today holds, on the authority of Peterson v. City of Greenville, ante, p. 373 U. S. 214, that the convictions of those ten students for criminal trespass were constitutionally invalid.

Held: since those convictions have been set aside, it follows that these petitioners did not incite or aid and abet any crime, and that, therefore, the convictions of these petitioners must also be set aside.

Pp. 373 U. S. 263-266.

41 Ala. App. 318, 319, 134 So. 2d 213, 215, reversed.

Page 373 U. S. 263