(concurring specially).
I concur in the result. The majority states “the defendant may not be questioned outsidé the presence of counsel .without • counsel’s permission.” I am in general agreement but in my opinion there can be exceptions. A defendant can elect to talk with or without his attorney’s permission. The question to be resolved is whether the election is freely and intelligently made. If. it is, his statements and the fruits thereof would be admissible subject to the proper cautionary instruction to the jury.