State v. Lindway

In connection with two of my associates I am concurring only in the judgment. Since this record discloses that the premises searched was used otherwise than as a private dwelling, I concur in the judgment of reversal on authority of Ciano v. State, 105 Ohio St., 229, 137 N. E., 11. I would concur for another reason, to which I shall later allude.

Upon the substantive law of the case, the majority opinion states that, “Because of the uncertainty existing in our own decisions * * * it would seem both wise and necessary to lay down a definite rule,” etc. There is no uncertainty in our own…