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

EDWARDS, Circuit Judge

(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).