◆ SpookStack

JN 44-1 On February 25, 1965, U. S. District Judge HAROLD COX,. Southern District of Mississippi, Jackson, sustained in part and overruled in part Defendants' motions to dismiss indictments in viclaticr of Secticn 242. Judge COX' opinion is set forth as follcws, along with his rilings regarding other motions ‘reserted by Deferndarts' attorneys: "UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI EASTERN DIVISION "CRIMINAL NUMBER 5216 “UNITED STATES OF AMERICA PLAINTIFF V. CECIL RAY PRICE, ET AL DEFENDANTS "On Janvary 18, 1965, the defendants were ordered to file all motions to be filed herein on or before January 25, 1965. Those motions have been filed and presented and will be presently decided. "1. The defendants move for sixty days additional time to prepare and file motions and sup- porting affidavits. That motion is without merit and will be overruled. "2, The defendants move to dismiss the indictment because of widespread adverse publicity and because they were photographed and pictured through the news media of the country as criminals. There was, indeed a great amount of sensational writing and numer- ous pictures of these defendants which appeared in many of the newspapers within the state and on television stations within the state and in other states. This unusual circumstance was taken into account by the Court in its supplemental charge to the grand jury who were expressly instructed to completely disregard all as - 23 -