Bagby V. Sowders

ALAN E. NORRIS, J., delivered the judgment of the court and its opinion with respect to parts IV and V, and an opinion with respect to parts I, II, and III in which he was joined by KRUPANSKY, WELLFORD, NELSON and BOGGS, JJ., and ENGEL, SJ. KENNEDY, J. (pp. 13-14), delivered a separate concurring opinion, joined by MERRITT, CJ., MILBURN, GUY and RYAN, JJ. WELLFORD, J. (pp. 15-17), delivered a separate concurring opinion. MARTIN, J. (pp. 18-22), delivered a separate dissenting opinion.