This section contains the nature of the case and procedural background.

Argersinger (D) was charged with carrying a concealed weapon. This offense was punishable in the state of Florida by imprisonment up to six months, a $1,000 crime, or both. D was indigent, and thus came to court without counsel. The court held that the right to court-appointed counsel extends only to trials 'for non-petty offenses punishable by more than six months imprisonment.' D was convicted and sentenced to 90 days in jail. D brought a habeas corpus action in the Florida Supreme Court, alleging that, being deprived of his right to counsel. The Florida Supreme Court by a four-to-three decision, in ruling on the right to counsel, followed the line in Duncan v. Louisiana, 391 U.S. 145, 159, as respects the right to trial by jury and held that the right to court-appointed counsel extends only to trials 'for non-petty offenses punishable by more than six months imprisonment. The Supreme Court granted certiorari.

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