McKinley Brown v. Herman C. Davis, Warden

ROSENN, Senior Circuit Judge.

In this habeas corpus proceeding, the appellant challenges his conviction in the criminal court of Sullivan County, Tennessee, for aggravated rape. The sole issue raised on appeal is whether the prosecution presented evidence at trial constitutionally sufficient to permit a jury to find that the accused is guilty beyond a reasonable doubt. At the core of the issue is a troubling problem generated by discrepancies in the eyewitness identification of the attacker. After an unsuccessful appeal to the Tennessee Court of Criminal Appeals, and the denial of permission…