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Mississippi Burning MIBURN Case — Part 9
Page 34
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""is no mere the duty or within the power of the United
States to punish for a conspiracy to falsely imprison or
murder within a State, than it would be to punish for
false imprisenment or murder itself.
'The Fourteenth Amendment prohibits a State
from depriving any person of life, liberty or property,
withorvt dus process of law; but this adds nothing to
the rights of one citizen as qmainst another. It
simply fernishes an additional guaranty against any
encrcachment by the States upon the fundamental rights
vbich belong tc every citizen as a member of society.'
"The indictment at bar is clearly void under
dine of Williams v. United States, (5CA) 179
Boh “6 VA Westnet
very similar indictment | in this circuit. That opinion
makes abundantly clear the infirmities which are
inherert in the indictment here. That decision was
rendered on January 10, 1950.
"On April 23, 1951, in United States v.
Willia rs 2A17 72 FO- FI @ Oe BRQ1 the GSunreame Court
Wiki bain uD yg et ee FMW Fh. we Whe eine 2 She Pe el at eh die tar
of the trited States affirmed that decision. Among
other things, the Supreme Court in that case said:
"All the evidence points to the same conclusion: that
S241 applies only to interference with rights which
arise from the relation of the victim and the federal
government, and not to interference by state officers
with rights which the federal government merely guaran-
tees from abridgment by the states. ***Nor does the
defined crime have as an ingredient that the conspir-
acy be under color of State law. Criminal statutes
should be given the meaning their language most obvi~
ously invites, Their scope should not be extended to
ccnduct not clearly within their terms, We therefore
hold that including an allegation that the defendants
acted under color of State law in an indictment under
$241 dces not extend the protection of the section to
rights which the Federal Constitution merely guarantees
azainst abridgment by the States. Since under this
- 21 - 5Q
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