dissenting: I respectfully dissent from that portion of the opinion holding that the district court did not commit error in refusing to appoint counsel for the defendant. I cannot in good conscience join in the conclusion of the majority that under the evidentiary record presented in this case the defendant was afforded his right to counsel as required by the Sixth Amendment to the United States Constitution.
It is undisputed that during the month of October 1973, James R. Martin was appointed as counsel for defendant and represented him at the preliminary hearing. Of necessity, the court must have made a finding of indigency at that time. On March 7, 1974, the district court permitted Mr. Martin to withdraw as court appointed counsel for the defendant. At that time the court interrogated the defendant, Timmons, and found that he was employed making $60 per week. On the basis of that income the court found that defendant was financially able to employ counsel and directed him to do so. On April 16, 1974, the defendant filed an affidavit in *751which he stated under oath that he was without funds to hire counsel to defend himself in the district court. The defendant refused to answer any questions propounded to him by either the court or the county attorney as to his financial condition stating that he did not care to say anything without a lawyer. The court then stated that it had previously made its finding that the man was not indigent because he was working and making $60 per week and apparently quit his job. I interpret this as a finding by the court that the defendant was no longer employed. On the basis of this undisputed record it seems to me that the trial court had the duty to appoint counsel for the defendant in spite of the fact that the defendant obstinately refused to answer any questions. It is easy to understand how the trial judge might have become exasperated by the conduct of this defendant. The trouble is that quite frequently defendants brought before the court under criminal charges are not reliable, responsible persons who do what they ought to do. Apparently in this case this 21-year-old youth received some bad advice from somebody and refused to talk unless a lawyer was present. There is no contention that he ever waived his right to be represented by counsel. In my judgment it was an abuse of the discretion of the trial court not to provide appointed counsel for this young man.