(concurring):
I join in the result of the opinion because it is fully supported by the State law, but I see no justification for a determination that Klopfer, 386 U.S. 213, 87 S.Ct. 988, 18 L.Ed.2d 1, is retroactive. The latter is but an obiter addendum to a clear and admirable exposition of the case.
I do not now imply any view on the right or wrong of its enunciations upon Klopfer. For me, it is unwise to decide when decision is not required. Only for that reason do I dissociate myself with this portion of the opinion.
Retrospectiveness of a Supreme Court pronouncement, as much litigation has demonstrated, is not an uncomplicated Constitutional problem. See, e. g., Desist v. United States, 394 U.S. 244, 89 S.Ct. 1030, 22 L.Ed.2d 248 (1969); Stovall v. Denno, 388 U.S. 293, 87 S.Ct. 1967, 18 L.Ed.2d 1199 (1967); Linkletter v. Walker, 381 U.S. 618, 85 S.Ct. 1731, 14 L.Ed.2d 601 (1965). Its resolution should await the necessity and not, as now, be answered by anticipation.
When State law unequivocally warrants a decision, as we unanimously now hold, the Supreme Court, unlike our course here, declines to reach Constitutional or other Federal grounds for sustenance. See, e. g., Jankovich v. Indiana Toll Road Comm’n, 379 U.S. 487, 489, 85 S.Ct. 493, 13 L.Ed.2d 439 (1965); Fox Film Corp. v. Muller, 296 U.S. 207, 211, 56 S.Ct. 183, 80 L.Ed. 158 (1935); cf. Henry v. Mississippi, 379 U.S. 443, 85 S.Ct. 564, 13 L.Ed.2d 408 (1965); Fay v. Noia, 372 U.S. 391, 83 S.Ct. 822, 9 L.Ed.2d 837 (1963). This is precedent worthy to be followed presently.