McKee v. Johnston

GARRECHT, Circuit Judge.

The court below denied the appellants’ petition for writ of habeas corpus and they bring this appeal before us for determination. The facts, applicable to both McKee and Ryan, are set forth in the opinion of this court in the case of McKee v. Johnston, Warden, 109 F.2d 273, wherein the same appellant McKee urged precisely the same question as is here presented. To support this second petition for writ of habeas, corpus, petitioners presented to the court below, along with their petition, excerpts from the stenographer’s report of the testimony taken at the trial as a…