The opinion
ELY, Circuit Judge
(concurring):
I concur in the result. At the same time, I feel obliged to record my strong disagreement with the reasoning of United States v. Nelson, 419 F.2d 1237 (9th Cir. 1969), cited by the majority. When the Nelson court issued its opinion, I believed that its departure from a rule honored by time and still followed by most of the world’s English-speaking jurisdictions was wrong. I retain that belief, and when and if I am ever required to participate in the decision of a case wherein the applications of the Nelson test may be critical, I shall, if I have not then altered my views, fully explain them.