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Just played a game where a unit of Sisters unloaded two flamers on a Tomb Spyder they were close to. The templates overlapped a large close combat between two units of warriors and a different unit of Sisters. He could not cover his own models, of course, but fit 6 warriors under the template, even though they were in hand to hand.
1. Is this legal? We decided it was, in much the same way that an ordnance weapon could scatter into a combat it wasn't targeted at. It seemed sort of cheesy to me, but it also seemed wrong to say that the flamers somehow had no effect on the warriors simply because they were in combat. He could have aimed the templates to avoid the combat, however.
2. If it is legal, do the warriors in combat then have to take a morale test in the shooting phase? Enough died to force a test, so I took it, but had they failed we'd have had a confusing situation as the unit fell back from a close combat. I don't think he would have tried to claim a sweeping advance against them since the Sisters were still tied up, but it seemed like a strange situation.
Illegal, p44. You cannot place a template that covers a locked model.
For the sake of completeness, if they did take casualties from some legal method (scattering ordnance) they do not take a morale test. p47 excludes locked models from tests due to shooting casualties.