The opinion
Stern, J.,
Dissenting. Even though the United States Supreme Court has not yet decided whether Argersinger v. Hamlin (1972), 407 U. S. 25 , is to have retrospective application, I am of the opinion that the constitutional right to have appointed counsel at state expense in criminal trials, as held in Gideon v. Wainwright (1963), 372 U. S. 335 , is so fundamental in our system of criminal jurisprudence that the pronouncement on this subject in Gideon pertains to Argersinger. I would reverse the judgment of the Court of Appeals. See dissent by O’Neill, C. J., in State v. Leroy (1972), 30 Ohio St. 2d 138, 145 ; Lovelace v. Haskins (C. A. 6), decided March 21, 1973; Henderson v. Maxwell (1964), 176 Ohio St. 187 ; Henderson v. Cardwell (C. A. 6, 1970), 426 F. 2d 150 ; Woodall v. Neil (C. A. 6, 1971), 444 F. 2d 92 ; Goodwin v. Cardwell (C. A. 6, 1970), 432 F. 2d 521 .
O ’Neill, C. J., and W. Brown, J., concur in the foregoing dissenting opinion.