Reader Ad Slot
Reader Ad Slot placeholder
If you would like to support SpookStack without paying out of pocket, please consider allowing advertising cookies. It helps cover hosting costs and keeps the archive free to browse. You can change this choice at any time.
Mississippi Burning MIBURN Case — Part 9
Page 40
40 / 87
IN 44-1
"decective, except under the direction of the Chief of
Police for a specified time. There was substantial
eviderce that Williams impersonated an officer and acted
under color of law. He was found guilty of the charge
by a jury and his conviction was affirmed. The case was
appealed to the Supreme Court of the United States where
it was affirmed. The Supreme Court on appeal in Williams
ve “nited States, 341 US 97; 71 S.Ct. 576, observed that
the indictment charged that petitioner acting under color
of law used ferce to make each victim confess to his guilt
ard implicate others and that the victims were denied the
right t- be trfed by due process of law and if found
guilty to be sentenced and punished in accordance with
the lays of that state. The Court quoted from Count 2
cf the indictment which charged violation of the Four-
teenth Amendment rights as follows: 'The right and
privilege not tc be deprived of liberty without due
process cf law, the right and privilege to be secure
in his person while in the custody of the State of
Flcrida, the right and privilege not to be subjected to
funishment without due process of law, the right and
tivilege to be immune while in the custody of persons
acting under color of the laws of the State of Florida,
from illegal assault and battery by any person exer-
cising the authority of said state, and the right and
privilege to be tried by due process of law and if found
guilty to be sentenced and punished in accordance with
the laws of the State of Florida.’ The trial judge ad-
menished the jury that the defendants were ‘not here on
trial for a viclation of any law of the State of Florida
for assault’ nor ‘for assault under any laws of the
United States.’ The Supreme Court thus affirmed said
conviction and approved such application and use of $242
to these facts and circurstances. It is thus made crystal
clear that the defendants in this case who were officers
and were allegedly acting willfully under color of law
as charged in the indictment are vulnerable to the offense
charged in $242. To same effect is United States v.
Jones, (5CA) 207 F.2d 785. Likewise in Kcehler v. United
States, (5CA) 189 F.2d 711, the Court affirmed a convic-
ticr of a constable and his co-worker who violated $242
by the viclating of federal rights of a victim under color
of law. Im that case Ackerman was not a mere private
- 26 - ae AB
L
qe
Reveal the original PDF page, then click a word to highlight the OCR text.
Community corrections
No user corrections yet.
Comments
No comments on this document yet.
Bottom Reader Ad Slot
Bottom Reader Ad Slot placeholder
If you would like to support SpookStack without paying out of pocket, please consider allowing advertising cookies. It helps cover hosting costs and keeps the archive free to browse. You can change this choice at any time.
Continue Exploring
Agency Collection
Explore This Archive Cluster
Broad Topic Hub
Topic Hub
letter
bureau
Related subtopics
Subtopic
Subtopic
Subtopic
Subtopic
Subtopic
Subtopic