United States v. Brown, 333 U.S. 18 (1948)

United States v. Brown

No. 100

Argued January 6, 1948
Decided February 2, 1948
333 U.S. 18

CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT

Syllabus

1. Under the Federal Escape Act, a sentence for escape or attempt to escape while serving one of several consecutive sentences is to be superimposed upon all prior sentences service of which has not been completed, and is to begin upon the expiration of the last of the prior sentences. Pp. 18-27.

2. The canon in favor of strict construction of penal statutes is not an inexorable command to override common sense and evident statutory purpose. P. 25.

160 F.2d 310 reversed.

Respondent’s motion for correction of a sentence imposed upon him for an offense under the Federal Escape Act was overruled by the District Court. 67 F.Supp. 116. The Circuit Court of Appeals reversed and remanded the cause to the District Court. 160 F.2d 310. This Court granted certiorari. 332 U.S. 755. Reversed, p. 27.