Unconvicting the Innocent, 6 Vanderbilt Law Review 20 (1952)
"INNOCENT MAN IS UNABLE TO CLEAR RECORD AFTER 71/2 YEARS IN
PRISON." Under this headline, the New York Times recently reported
the courthouse tragedy of Nathan Kaplan, 49-year-old salesman. ' Mr.
Kaplan's brush with the law began on September 28, 1937, when the
Federal Government indicted him under the name of Nathan Kaplan,
alias "Kitty," for the sale of heroin to a government undercover
agent. Although he vigorously proclaimed his innocence from the day
of his arrest, he did not take the witness stand at his trial. He was
represented by able counsel and other due process requirements were
fully observed. His defense was that Max Kaplan, alias "Brownsville
Kitty," then a fugutive, had committed the crime. Mistaken identity
was thus the central issue.
Date of Authorship for this Version
Donnelly, Richard C., "Unconvicting the Innocent" (1952). Faculty Scholarship Series. 4764.