State v. $223,405.86

(concurring specially in case no. 1141044).

I concur fully with the per curiam opinion of the Court. I write specially to indicate that, as an alternative to rendering a judgment for the State in case no. 1141044, I believe that we could also have remanded this case to the trial court for the purpose of instructing that court to “abide by former precedents.” 1 William Blackstone, Commentaries on the Latos of England *69.

“For it is an established rule to abide by former precedents, where the same points come again in litigation; as well to keep the scale of justice even and steady, and not liable…