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MANNING v. ROSE

No. 74-1121.

507 F.2d 889 (1974)

Harry J. MANNING, Petitioner-Appellant, v. Jimmy H. ROSE, Warden, Tennessee State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

December 13, 1974.

Attorney(s) appearing for the Case

Harry J. Manning, William C. Conway, Franklin, Tenn. (court appointed), for petitioner-appellant.

Milton P. Rice, Atty. Gen. of Tenn., Nashville, Tenn., William C. Koch, Jr., Asst. Atty. Gen., Nashville, Tenn., for respondent-appellee.

Before PHILLIPS, Chief Judge, and EDWARDS and PECK, Circuit Judges.

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...

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