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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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wey fF +t JN 44-1 "of the description in the affidavit and warrant is void but the descziption of the premises known as the "Olid Joliy Farm’ under control of Olen Burrage in the north half of Neshoba Courty in the Southern District of Mississippi is sufficient for all perposes. The objects of the search were sufficientiy stated. The affidavit of an FBI agent sufficiently set forth grounds for probable cause which were effectually adjudicated to exist by the issuance of the subsequent warrant. Hester v. United States, 265 Wr 57; AA GO Me FAG Meannathen Sv) Nt end Oban (SCA) Latta SF Oelehe tHe PIOLILICL LE Ve. UlLELLeda PLdles, - . ; - ——————————————— oOO Tei G47. lh. search wacvart described the premises to be searched as the “Old Jolly Farm' under control of Cl-r Burrage, This place consisted of twe bundred fifty acres, It hac formerly been owned by Jolly and was the enly place of such kird in the county under control of Burrage. The description of the premises to be searched was sufficiently clear to enable an officer with reason- able effort to ascertain and identify the place to be searched, That is the rule and the test. The warrant clearly stated that the search was for the bodies of the three identified victims. This warrant was served ar R-1? M Avoust 4, 1964, arenrAatna tn PRT acenreat wea Sheet gy S46 ae etna ieinaiaal — |) a anh Sotto testimony supported by ” memoranda made at the same moment as an official record. The Court believes from the evidence that the gevernment agents acted with full authority under this warrant in dsine all that was done on said date toward ed we Re Re le ey ee wT Ee Pe he FFF oe ee searching fcr and discovering these bodies. This evidence was not illegally cbtained and the prcecess therefor was valid. This motion to suppress is without merit and will "5. The defendants move for a production of eviderwe under Criminal Rule 16. The two motions seek material to which they are not entitled under this rule. The motion dees not bring the request within the ambit of the rule. The motions will be overruled. "6. The def en under Criminal Rule 7(£). An indic tment is required by Cririnal Rule 7(c) to contain ‘a plain, concise and definite < ndants seek a bill of particulars = & ee eS ee - 29 - QCA FT! = TE ne SORE noes feninetingees ni pene Peni
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