(specially concurring):
Although I continue to disagree with the decisions of the Tenth Circuit Court of Appeals, and filed dissents in Buchanan and Miles, supra, I concur with the opinion of my colleague Judge Bliss, that this case must be reversed and remanded. It would be futile, indeed, to disagree with the majority opinions of this Court based on the decisions of the Tenth Circuit, when inevitably any ruling of this Court contrary to said decisions could successfully be attacked in the United States Court of Appeals, Tenth Circuit.
In concurring, I wish to observe that the United States Supreme Court has never held that the cross-examination complained of in Buchanan, Miles and cross-examination similar to that in the instant case, is violative of a defendant’s Fifth Amendment privilege.