McKEE v. JOHNSTON

No. 9235.

109 F.2d 273 (1939)

McKEE v. JOHNSTON, Warden.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied December 29, 1939.


Attorney(s) appearing for the Case

Frank McKee, in pro. per.

Frank J. Hennessy, U. S. Atty., and Robert B. McMillan and A. J. Zirpoli, Asst. U. S. Attys., all of San Francisco, Cal., for appellee.

Before DENMAN, MATHEWS, and HEALY, Circuit Judges.


HEALY, Circuit Judge.

The appeal is from an order denying a petition for a writ of habeas corpus.

Jointly with others, appellant was indicted in the federal court for the District of Minnesota for violations of the statute punishing the stealing of mail matter, 18 U.S.C.A. § 317, and for conspiracy to commit the offenses, 18 U.S.C.A. § 88.

The indictment contained twelve counts, of which counts one and two were dismissed. Counts three to...

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