Opinion
No. 35813
Decided May 27, 1959.
Supreme Court — Appeal — Judgment affirmed sua sponte, when — Rule XIX, Rules of Practice — Court of Appeals reversing on weight of evidence.
APPEAL from the Court of Appeals for Franklin County.
This cause originated in the Columbus Municipal Court where defendant was found guilty of resisting an officer. The Common Pleas Court affirmed the judgment and defendant appealed to the Court of Appeals. The Court of Appeals reversed the judgment of the Common Pleas Court as being "against and not sustained by the manifest weight of the evidence" and remanded the cause to the Municipal Court for further proceedings in accordance with law. The cause is now in this court by reason of the allowance of a motion to certify the record.
Mr. Russell Leach, city attorney, Mr. Bernard T. Chupka, city prosecutor, and Mr. Howard P. Lowe, for appellant.
Mr. L.P. Henderson and Mr. Lawrence M. Gwynn, for appellee.
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 Rule XIX, sua sponte affirms the judgment.
Judgment affirmed.
WEYGANDT, C.J., ZIMMERMAN, TAFT, MATTHIAS, BELL, HERBERT, and PECK, JJ., concur.