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Mississippi Burning MIBURN Case — Part 9
Page 43
43 / 87
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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