
    The State, ex rel. Crow, Appellant, v. Baynes, Judge, Appellee.
    (No. 38035
    Decided May 13, 1964.)
    
      Mr. J. Harvey Crow, in propria persona.
    
    
      Mr. James B. Patterson, Jr., prosecuting attorney, for appellee.
   Per Curiam.

There is no bill of exceptions to show what was before the Court of Appeals when it granted the motion for summary judgment.

The judgment of the Court of Appeals is affirmed on authority of Smith v. Diamond Milk Products, Inc., 176 Ohio St., 143.

Judgment affirmed.

Taft, C. J., Zimmerman, Matthias, O’Neill, Griffith, Herbert and Gibson, JJ., concur.  