(concurring):
I concur.
I do so by separate opinion to point out clearly that the issue raised by the question certified is presented by the record of trial, as acted upon by the board of review. We are not called upon to answer a hypothetical question, nor a problem presented in vacuo. In this respect, the instant case is to be distinguished from United States v. Thompson (No. 1673),-2 USCMA 460, 9 CME 90, decided May 7, 1953.