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ZERBST v. KIDWELL

No. 782.

304 U.S. 359 (1938)

ZERBST, WARDEN, v. KIDWELL.

Supreme Court of United States.

Decided May 16, 1938.

Attorney(s) appearing for the Case

Mr. Bates Booth argued the cause, and Solicitor General Jackson, Assistant Attorney General McMahon, and Mr. W. Marvin Smith were on a brief, for petitioner.

Mr. J.F. Kemp submitted on brief for respondents.

MR. JUSTICE BLACK delivered the opinion of the Court.

Respondents were paroled before completing sentences in federal prisons.1 Before expiration of their sentences and while on parole, they committed second federal offenses, for which they were convicted, sentenced, and thereafter completely served sentences in the Atlanta Penitentiary. Respondents contend that, from the moment of their imprisonment in the Penitentiary under the second...

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