Earl Warren

“ Petitioners were convicted for inciting, aiding, and abetting a violation of the city trespass ordinance. The trespass 'violation' was that committed by the petitioners in Gober v. City of Birmingham, 373 U.S. 374, 83 S.Ct. 1311. [4] Since the convictions in Gober have been set aside, it follows that the present petitioners did not incite or aid and abet any crime, and that therefore their own convictions must be set aside.
It is generally recognized that there can be no conviction for aiding and abetting someone to do an innocent act. ”

“ Gober and Davis participated in sit-down demonstrations on the following day as did others who were present.
This is the sole evidence upon which the petitioners were convicted. There was no evidence that any of the demonstrations which resulted from the meeting were disorderly or otherwise in violation of law.
Petitioners contend that there is no evidence to show guilt of the charged offense. ”

“ Shuttlesworth asking for volunteers to participate in the sit down strikes that he volunteered to go to Pizitz at 10:30 and take part in the sit down demonstrations.' A list was made by someone, and Shuttlesworth announced he would get them out of jail. ”