William H. Haggard v. C. Murray Henderson, Warden, John Taylor Aldridge v. C. Murray Henderson, Warden

(concurring) .

I concur with the opinion of the court which holds that Spencer v. State of Texas, 385 U.S. 554, 87 S.Ct. 648, 17 L. Ed.2d 606 (1967), controls our decision and commands reversal.

I would like simply to note that absent the Spencer decision, I would have voted for affirmance for the reasons advanced by the United States District Judge in Haggard v. Henderson, 252 F.Supp. 763 (M.D.Tenn.1966).