¶1concurring.
¶2I coneur in the majority opinion in full, and write to acknowledge that I voted to concur in the Luckhart decision and its approval of an instruction similar to the one disapproved of in this case. At the time Luckhart was issued, our supreme court had not yet decided Ludy. Whatever the sequence, I am convinced that Dill and Ludy compel the result reached here and that my vote in Luekhart would not be the *947same today, given the logic of the majority opinion and the combined effect of the Ludy and Dill decisions.