Dow v. State

I do not think the *111majority decision allies itself with modern reality and notions of fair play.

As Judge Learned Hand stated in Spector Motor Service, Inc v Walsh, 139 F2d 809, 823 (CA 2, 1943):

"It is always embarrassing for a lower court to say whether the time has come to disregard decisions of a higher court, not yet explicitly overruled, because they parallel others in which the higher court has expressed a contrary view. I agree that one should not wait for formal retraction in the face of changes plainly foreshadowed * * * .”

I have no such misgivings in the instant case, nor do I think…