Francis Wilson v. Martin J. Wiman, Superintendent, Kentucky State Reformatory , 386 F.2d 968 ( 1967 )

PHILLIPS, Circuit Judge.

Concurring.

I agree that the presumption of regularity of court records and procedures is sufficient under the facts of this case to support the conclusion that appellant was represented by counsel at his trial in the State court in 1933.

I concur in the second ground of the opinion only because this Court is bound by the majority opinion in Spencer v. State of Texas, 385 U.S. 554, 87 S.Ct. 648, 17 L.Ed.2d 606, which was followed in Haggard v. Henderson, 382 F.2d 288 (6th Cir.). Otherwise I would reverse for the reasons expressed in the dissenting opinion of the Chief Justice in Spencer v. State of Texas and his concurring opinion in Burgett v. State of Texas, 389 U.S. 109, 88 S.Ct. 258, 19 L.Ed.2d 319.