McKee

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 result of which they were sentenced. This testimony purports to show that but three mail sacks were stolen at one time from their particular location, rather than six, as charged by the indictment. The appellants pleaded guilty to each of the counts under which they were convicted and there is no showing that the prosecution could not have proved the crimes alleged, which proof the pleas made unnecessary. Moreover, the transcript furnished purports to be no more than a partial transcript and, as appellants state that “after three days of trial [they] pleaded guilty on counts three to twelve inclusive,” the trial may…