+ && !s->enc_write_ctx && !s->write_hash) {
+ if (rr->type == SSL3_RT_ALERT) {
+ /*
+ * The record is using an incorrect version number, but
+ * what we've got appears to be an alert. We haven't
+ * read the body yet to check whether its a fatal or
+ * not - but chances are it is. We probably shouldn't
+ * send a fatal alert back. We'll just end.
+ */
+ goto err;
+ }