530 N.E.2d 1327

THE STATE OF OHIO, APPELLANT, v. FERGUSON, APPELLEE.

No. 87-1905Supreme Court of Ohio.Submitted October 25, 1988 —
Decided November 30, 1988.

Appeal dismissed as improvidently allowed.

APPEAL from the Court of Appeals for Franklin County, No. 87AP-65.

Michael Miller, prosecuting attorney, and Bonnie L. Maxton, for appellant.

James Kura, county public defender, and Barbara J. Slutsky, for appellee.

This appeal is dismissed, sua sponte, as having been improvidently allowed.

MOYER, C.J., SWEENEY, LOCHER, DOUGLAS, WRIGHT and H. BROWN, JJ., concur.

HOLMES, J., dissents.

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