This appeal is dismissed, sua sponte, as having been improvidently allowed.
Sweeney, Holmes, Douglas and Resnick, JJ., concur.
Moyer, C.J., Wright and H. Brown, JJ., dissent, and would affirm.
[Cite as State v. Cohen (1989), 46 Ohio St. 3d 602.]
(No. 88-1088 —
Submitted September 13, 1989 —
Decided October 18, 1989.)
Steven C. LaTourette, prosecuting attorney, and Judson J. Hawkins, for appellant and cross-appellee.
Nelson, Sweet & Hurley, John S. Nelson, John J. Hurley, Jr., Cicconetti, Demeter & Farrell and James K. Farrell, Jr., for appellee and cross-appellant.
This appeal is dismissed, sua sponte, as having been improvidently allowed.
Sweeney, Holmes, Douglas and Resnick, JJ., concur.
Moyer, C.J., Wright and H. Brown, JJ., dissent, and would affirm.
46 Ohio St. 3d 602
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