Willie Francis
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Willie Francis (c. 1930 – May 9, 1947) was a 17 year old African American sentenced to death by electrocution by the state of Louisiana in 1946 (at age 16) for murdering Andrew Thomas, a drugstore owner who employed him. His case is notable as being the first known incident of a failed execution by electrocution in the United States.
The murder remained unsolved for nine months, until August 1945 when Francis was detained due to his proximity to an unrelated crime. In his pocket was Andrew Thomas' wallet.
Francis named several others in connection with the murder, but the police were never able to find them. A short time later, Francis directed the police to where he'd disposed of the holster used to carry the murder weapon.
Despite two separate written confessions, Francis pleaded not guilty. Nevertheless, eight days after the trial began, Willie Francis stood convicted of murder and sentenced to death.
At his execution, the electric chair failed to kill Willie Francis, who reportedly shrieked "Stop it! Let me breathe!" as the lethal surge of electricity was being applied. It turned out that the portable electric chair had been improperly set up by an intoxicated trustee.
After the botched execution, Francis appealed to the Supreme Court in Francis v. Resweber, 329 U.S. 459 (1947), citing various violations of his Fifth, Eighth, and Fourteenth Amendment rights. These included violations of equal protection, double jeopardy, and cruel and unusual punishment. In a 5-4 decision the appeal was rejected. The dissenting opinion asked just how many attempted executions it took before it became cruel and unusual.
Subsequently, Willie Francis was executed on May 9, 1947.
