(concurring in the result) :
I concur in the result.
The rule in United States v Cothern, 8 USCMA 158, 23 CMR 382, United States v Burgess, 8 USCMA 163, 23 CMR 387, and allied cases, has been fixed. I believe that my separate opinions in those cases are a sufficient indication of my disapproval of that rule. However, further dissents would serve no useful purpose and so I accept the principle as the law of this Court.