(concurring in the result).
I concur in the result but differ as to ■the pertinency of some of the citations in the main opinion, and do not subscribe to the dicta concerning rules in other jurisdictions.
The rule in State v. Ferry was unanimously adopted by this court two years ago and represents the rule to which the main opinion, as well as this writer, adheres, and my concurrence in the result stems from such reaffirmation.
I believe the fact situations in Regina v. Burton and Regina v. Mockford, cited in ■ the main opinion, are complete misanal-ogies. Also, that our decision in State v. Ferry makes unnecessary any reference to tests or rules enunciated by Connecticut, California, Washington, Maine or any other states, since we have not accepted, but 'ihave rejected them, now re-affirming the .rule in the Ferry case.