(concurring in the result) :
I concur in the result.
My views on this instructional question are set out in United States v Hatter, 8 USCMA 186, 23 CMR 410. Perhaps it is just as well to discard the discussion in the Manual, for it is used too often when the issue is not properly raised. However, there is good law to support the theory and, if care were exercised to use the principle when it was framed by the evidence, a more accurately worded instruction would aid the court.