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Mississippi Burning MIBURN Case — Part 9

87 pages · May 10, 2026 · Broad topic: General · Topic: Mississippi Burning MIBURN Case · 87 pages OCR'd
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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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