Harry J. Manning v. Jimmy H. Rose, Warden, Tennessee State Penitentiary

JOHN W. PECK, Circuit Judge.

At petitioner-appellant’s (“appellant”) state court trial on charges of the armed robbery on November 8, 1971, of one Robert Sheehan, the trial judge permitted, over defense objections, 1 one Charles Heathcott to testify that appellant had robbed him on November 5, 1971, four to five blocks from where Mr. Sheehan was robbed. The trial judge admitted evidence of the Heathcott robbery for the limited purpose of possibly identifying the robber of Mr. Sheehan. 2 Mr. Heath-cott testified that, after he had told his robber that he had no money, his robber told him,…