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ZERBST v. MURPHY

No. 8481.

92 F.2d 671 (1937)

ZERBST, Warden, v. MURPHY.

Circuit Court of Appeals, Fifth Circuit.

November 3, 1937.

Attorney(s) appearing for the Case

Lawrence S. Camp, U. S. Atty., and Harvey H. Tysinger and H. T. Nichols, Asst. U. S. Attys., all of Atlanta, Ga., for appellant.

J. Emmett Baird, of Atlanta, Ga., for appellee.

Before FOSTER, SIBLEY and HOLMES, Circuit Judges.

SIBLEY, Circuit Judge.

John G. Murphy was on September 28, 1931, sentenced to the penitentiary for two terms of seven years to run concurrently. He was a month later indicted in the same court on other charges, and on November 17, 1931, was sentenced to "imprisonment in the United States penitentiary at Atlanta, Georgia, for a period of one year and one day, the service of said sentence to begin on Jany. 15, 1937." There was no mention of the prior sentences. On February...

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