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SIMMONS v. ZERBST

No. 1164.

18 F.Supp. 929 (1937)

SIMMONS v. ZERBST, Warden.

District Court, N. D. Georgia.

March 22, 1937.

Attorney(s) appearing for the Case

M. E. Kilpatrick, of Atlanta, Ga., for petitioner.

H. H. Tysinger, Asst. U. S. Atty., and Lawrence S. Camp, U. S. Atty., both of Atlanta, Ga., for respondent.

UNDERWOOD, District Judge.

Petitioner was indicted in the United States District Court for the Middle District of Georgia, for violation of the Fugitive Felony Act, approved May 18, 1934 (U.S.C., title 18, § 408e [18 U.S.C.A. § 408e]). He entered a plea of guilty and was sentenced to a term of two years in the penitentiary.

The pertinent parts of the act provide: "It shall be unlawful for any person to move or travel in interstate or foreign commerce...

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