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Story
February 12, 1952
Atlanta Daily World
Atlanta, Fulton County, Georgia
What is this article about?
NAACP seeks new trial venue for Walter Lee Erwin in the 1949 Groveland rape case. Judge Truman J. Futch to rule on prejudice claims in Ocala, after U.S. Supreme Court reversal saved Erwin and Samuel Shepherd from execution. Shepherd killed by Sheriff McCall during transport.
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NAACP Seeks New Trial Site For Groveland Rape Suspect
OCALA, Fla. - (SNS) - Circuit Judge Truman J. Futch will rule today on a change of venue plea by Walter Lee Erwin, in the much-publicized Groveland Rape Case.
The Florida jurist had heard a charge "prejudice and hostility" exists in Ocala "almost to the same degree" as they existed at the original site of the trial 40 miles away.
One change of venue has been granted Erwin, a 24-year-old youth accused of raping a 17-year-old housewife near Groveland in 1949.
He and another youth, 23-year-old Samuel Shepherd, were accused of the crime, but the U. S. Supreme Court reversed the decision and saved the pair from the electric chair.
The high court ruled that public opinion in the Central Florida area prevented them from receiving a fair trial.
One rape suspect was killed by a posse which hunted the alleged rapists in a widespread search. Another 16-year-old youth was convicted of the crime but received a life sentence because of his age.
The much-publicized two year old rape has provoked international comment. It has also caused thousands of letters of protest from various individuals and organizations.
Shepherd was killed last November when he and Ervin were being transported from prison to a hearing on a new trial. The prisoner was shot by Sheriff Willis McCall. who said the manacled pair were trying to escape.
Ervin was wounded four times by the officers and claimed he was shot in cold blood. But a coroners jury ruled that McCall shot in line of duty.
Judge Futch said he expects to be able to make a ruling today. If the change is not granted, Ervin's trial is expected to get underway immediately.
Ruling on a new trial.
OCALA, Fla. - (SNS) - Circuit Judge Truman J. Futch will rule today on a change of venue plea by Walter Lee Erwin, in the much-publicized Groveland Rape Case.
The Florida jurist had heard a charge "prejudice and hostility" exists in Ocala "almost to the same degree" as they existed at the original site of the trial 40 miles away.
One change of venue has been granted Erwin, a 24-year-old youth accused of raping a 17-year-old housewife near Groveland in 1949.
He and another youth, 23-year-old Samuel Shepherd, were accused of the crime, but the U. S. Supreme Court reversed the decision and saved the pair from the electric chair.
The high court ruled that public opinion in the Central Florida area prevented them from receiving a fair trial.
One rape suspect was killed by a posse which hunted the alleged rapists in a widespread search. Another 16-year-old youth was convicted of the crime but received a life sentence because of his age.
The much-publicized two year old rape has provoked international comment. It has also caused thousands of letters of protest from various individuals and organizations.
Shepherd was killed last November when he and Ervin were being transported from prison to a hearing on a new trial. The prisoner was shot by Sheriff Willis McCall. who said the manacled pair were trying to escape.
Ervin was wounded four times by the officers and claimed he was shot in cold blood. But a coroners jury ruled that McCall shot in line of duty.
Judge Futch said he expects to be able to make a ruling today. If the change is not granted, Ervin's trial is expected to get underway immediately.
Ruling on a new trial.
What sub-type of article is it?
Crime Story
Historical Event
What themes does it cover?
Crime Punishment
Justice
What keywords are associated?
Groveland Rape Case
Change Of Venue
Supreme Court Reversal
Sheriff Shooting
Naacp Involvement
What entities or persons were involved?
Walter Lee Erwin
Samuel Shepherd
Truman J. Futch
Willis Mccall
Where did it happen?
Ocala, Fla.; Groveland, Fla.
Story Details
Key Persons
Walter Lee Erwin
Samuel Shepherd
Truman J. Futch
Willis Mccall
Location
Ocala, Fla.; Groveland, Fla.
Event Date
1949
Story Details
Walter Lee Erwin seeks change of venue for retrial in 1949 Groveland rape case due to prejudice. U.S. Supreme Court reversed prior convictions citing unfair trial influenced by public opinion. Co-defendant Samuel Shepherd killed by Sheriff McCall during transport; Erwin wounded but survived.