PENROD v. SCIOTO CTY. PROS. ATTY

Appeal dismissed as improvidently allowed.

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

SWEENEY, HOLMES, DOUGLAS, WRIGHT, H. BROWN and RESNICK, JJ., concur.

MOYER, C.J., dissents.

MOYER, C.J., dissenting.

I would affirm the judgment of the court of appeals for the reasons stated in that court's opinion rendered on April 3, 1990.