Walter Webb, Jr. v. Joseph H. Havener, Superintendent of Southern Correctional Facility

McCREE, Circuit Judge.

This appeal from- the dismissal of a petition for a writ of habeas corpus requires us to determine whether the admission of out-of-court identification of appellant violated his constitutional right to a fair trial.

Appellant attacks his state conviction of armed robbery on two constitutional grounds. First he contends that the out-of-court identification that two witnesses made of him was made under such suggestive circumstances that its admission into evidence denied him due process of law. He also argues that a gun was illegally seized in a warrantless search and that…