Mahoney

This is an appeal from an order of the district court dismissing appellants’ petition below for a writ of habeas corpus to be addressed to the appellee. The appellee moved to dismiss the petition on the ground it fails to state facts sufficient to warrant the issuance of the writ. An order to show cause why the appellee’s motion should not be granted was issued. The motion was granted and this appeal followed.

The petition here cannot be disposed of on the merits of the summary manner of Storti v. Commonwealth of Massachusetts, 183 U.S. 138, 143 , 22 S.Ct. 72 , 46 L.Ed. 120 , since the appellee does not admit the truth of the facts alleged in the petition and the sole question is whether the petition tenders an issue to which appellee shall be required to respond.

Appellants robbed the Minden Bank and Trust Company of Minden, Webster Parish, Louisiana, each thereby committing *664 two offenses: one against the State of Louisiana and one against the United States. They were indicted by the State of Louisiana in Webster Parish on September 9, 1938. They pleaded guilty and the state court sentenced them to confinement at hard labor for from 14 to 28 years and committed them to the…