Billy Sunday Birt v. Charles N. Montgomery, Warden, Georgia State Prison

TUTTLE, Senior Circuit Judge,

dissenting:

I concur in the results stated in Judge Hatchett’s dissent and the text of his opin*608ion except as to the matter discussed in fn. 18 of the majority opinion. As to that issue, I dissent from the majority’s holding that because of the assumed facts, the proposed testimony of Reeves was not “material.”