Court of Appeals for the Ninth Circuit December 12, 1944, No. 10761 (O'Keith v. Johnston)

GARRECHT, Circuit Judge.

This js appellant’s second appearance in this court for the issuance of a writ of *232habeas corpus. The lower court denied the instant application for habeas corpus, on the grounds that the facts presented are identical to those in the former case, O’Keith v. Johnston, 9 Cir., 129 F.2d 889.

Appellant contends he has proffered new evidence and additional authorities.