City of Maryville v. Costin

GAITAN, Judge,

concurring.

Regretably I must concur in this opinion because this Court is duty bound as an intermediate appellate court to follow the mandate of its Supreme Court. However, I feel compelled to state that I believe the dissenting opinion in State v. Carpenter, 736 S.W.2d 406, 408-409 (Mo. banc 1987) should control.