In Spencer v. Texas (1967) 385 U.S. 554, the United States Supreme Court in a five-to-four decision held that such a unitary procedure was not rendered unconstitutional because of the possibility of collateral prejudice to the defendant. Even the majority stated, however, that it "might well agree" that the two-stage jury trial "is probably the fairest" "were the matter before us in a legislative or rule-making context." ( Id., at pp. 567-568.) Mr. Justice Stewart, concurring, observed that other recidivist procedures recently adopted were "far superior" to the unitary procedure. ( Id., at p. 569.) Dissenters stressed that the unitary procedure violated due process by "needlessly prejudicing the accused." ( Id., at p. 570.)