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JN 44-1] On February 24, 1965, U. S. District Judge HAROLD COX, Southern District of Mississippi, Jackson, sustained Defendants! motions to dismiss indictments charging Defendants with violation of Section 241, Title 18, U. S. Code, The opinion rendered by Judge COX is set forth below: "UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI EASTERN DIVISION ~ "CRIMINAL NUMBER 5215 "UNITED STATES OF AMERICA PLAINTIFF Vv. CECIL RAY PRICE, BERNARD L, AKIN, JIMMY ARLEDGE, HORACE BOYLE BARNETTE, TRAVIS MARYN BARNETTE, OLEN LOVELL BURRAGE, JAMES T. HARRIS, FRANK J. HERNDON, EDGAR RAY KILLEN, BILLY WAYNE POSEY, LAWRENCE ANDREW RAINEY, ALTON WAYNE ROBERTS, JERRY MCGREW SHARPE, JIMMY SNOWDEN, JIMMY LEE TOWNSEND, HERMAN TYCKER, RICHARD ANDREW WILLIS DEFENDANTS "The named defendants move to dismiss this indict- ment for failure to state an offense against the laws of the United States. The indictment is predicated upon 18 U.S.C.A. S241, The first paragraph of the indictment states that Rainey was sheriff, Price was deputy sheriff and that Willis was a police officer, each acting at all times under “color of laws" of the State of Mississippi. The statute mentions nothing about "color of law" in the description of the crime embraced therein. The indictment charges that from January 1, 1964, to December 4, 1964, the named defendants in the Southern District of Mississippi conspired -"to injure, oppress, threaten and intimidate Michael Henry Schwerner, James Earl Chaney and Andrew Goodman, each 4 citizen of the United States, in the free exercise and a4 er.joyment of the right and privilege secured to them by the “(° Fourteenth Amerdment to the Constitution. of the United States s | = . oR fyi tf