(dissenting).
I dissented in State v. Babin, 319 So.2d 367 (La.1975). My dissent in Babin was based upon this court’s rationale in State v. Blackwell, 298 So.2d 798 (La.1974). For the same reason, I respectfully dissent in this case. Moreover, I do not consider that retroactive application of the rule of Babin is compelled. In my view, Babin should not be applied retroactively to trials conducted prior to the date that decision became final.