(concurring specially).
Although I agree with the result and the reasoning set forth in the majority opinion, I do not join in that language that might be construed as being unfairly critical of the decisions of the Court of Appeals for the Eighth Circuit. The pertinent decisions of the United States Supreme Court are hardly so apodictic as to admit of only one conclusion in any given factual and historical situation. For example, would our decision in State v. Molash, 86 S.D. 558, 199 N.W.2d 591 (1972), be the same if the ease were presented today? See State v. White Horse, 89 S.D. 196, 231 N.W.2d 847 (1975).