I concur in the result, but do not approve of the examination of the record in the previous case. *Page 26
I do not understand that we may, sua sponte, look into a record in a previous case in order to find a fact upon which to predicate an argument or base a conclusion. And this is especially true where the parties are not the same.
POTTER, NORTH, and FEAD, JJ., concurred with WIEST, J.