William O. Douglas

“ Turner v. New York (386 U.S. 773)
Argued: April 12 and 13, 1967. ---
Mr. Justice DOUGLAS, with whom Mr. Justice FORTAS concurs, dissenting.
This case arose out of an assembly in Duffy Square, New York City, protesting American policy in Vietnam. ”

“ And the events, including any alleged disturbance by any defendant, ensuing upon the order, were the direct and immediate issue of a misconception by the police of the lawful warrant and scope of their authority.' 48 Misc.2d, at 630, 265 N.Y.S.2d, at 860.
A conviction on one ground may not be sustained on grounds that might have been charged but were not. 'It is as much a violation of due process to send an accused to prison following conviction of a charge on which he was never tried as it would be to convict him upon a charge that was nevr made.' Cole v. ”