
    City of Columbus, Appellant, v. Holmes, Appellee.
    
    (No. 35813
    Decided May 27, 1959.)
    
      Mr. Russell Leach, city attorney, Mr. Bernard T. Chupha, city prosecutor, and Mr. Howard P. Lowe, for appellant.
    
      Mr. Tj. P. Henderson and Mr. Lawrence M. Gwynn, for appellee.
    
      
      For opinion of Court of Appeals, see 107 Ohio App., 391.
    
   Per Curiam.

It appearing that the Court of Appeals reversed the judgment of the Common Pleas Court on the weight of the evidence and remanded the cause for further proceedings and that an appeal was filed in this court upon the record of the Court of Appeals, this court, under Buie XIX, sua sponte affirms the judgment.

Judgment affirmed.

Weygandt, 0. J,, Zimmerman, Tapt, Matthias, Bell, Herbert, and Peck, JJ., concur.  