COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
			COUNTY OF CUYAHOGA
			    NO. 72533
                              :
CITY OF CLEVELAND,            :         ACCELERATED
                              :
          Plaintiff-Appellee  :        JOURNAL ENTRY
                              :              AND
     vs.                      :            OPINION
                              :
JOSEPH R. ESLICK,             :           PER CURIAM
                              :
          Defendant-Appellant :
DATE OF ANNOUNCEMENT
OF DECISION                   :    DECEMBER 11, 1997
CHARACTER OF PROCEEDING:      :    Criminal appeal from
                              :    Cleveland Municipal Court
                              :    Case No. 97-TRD-34763
JUDGMENT                      :    REVERSED.
DATE OF JOURNALIZATION        :
APPEARANCES:
For plaintiff-appellee:       Richard A. Kray
                              Assistant City Prosecutor
                              8th Floor Justice Center
                              1200 Ontario Street
                              Cleveland, Ohio 44113
For defendant-appellant:      David M. Cuppage
                              9th Floor Halle Building
                              1228 Euclid Avenue
                              Cleveland, Ohio 44115
                                2
PER CURIAM:
     Appellant's sole assignment of error reads:
     APPELLANT'S CONVICTION FOR VIOLATION OF CLEVELAND  CITY
     ORDINANCE  SECTION  439.12(b)  IS  NOT  SUPPORTED  WITH
     SUFFICIENT EVIDENCE.
     Cleveland Codified Ordinances 439.12(b) reads in part:
     439.12 Shifting Load; Loose Loads
***
     (b) No motor vehicle or trailer shall be driven  unless
     the tailboard or  tailgate, tarpaulins, chains  (except
     ground or contact chains), ropes, stakes, poles, and the
     like, or any part of the load, are securely fastened to
     prevent dangling, flapping, swinging or falling from the
     side, end or top of  the load or body.  All  projecting
     cargo shall be properly guarded by a red flag or cloth or
     a red light of lantern as required by Section 437.08.
     In a criminal case, the prosecution must prove each and every
element of the crime charged.  State v. Jenks (1991), 61 Ohio St.3d
259.  The elements of  a crime are determined wholly by  statute.
State v. Draggo (1981), 65 Ohio St.2d 88, 91.
     Cleveland Codified  Ordinances 439.12(b) requires  equipment
such as a tailgate to be secured.  In this case, appellant did not
violate  the ordinance as  his trailer did  not have a  tailgate.
Accordingly, the prosecution  could not prove appellant  violated
Cleveland Codified Ordinances 439.12(b).
     Appellant's  assignment  of error  is  well  taken  and  his
conviction is reversed.
     This cause is reversed for proceedings consistent with  this
opinion.
                                3
     It is, therefore, considered that said appellant recover  of
said appellee his costs herein.
     It is ordered that a special mandate be sent to said court to
carry this judgment into execution.
     A certified copy of this entry shall constitute the  mandate
pursuant to Rule 27 of the Rules of Appellate Procedure.
                         PATRICIA A. BLACKMON, PRESIDING JUDGE
                         JOSEPH J. NAHRA, JUDGE
                         JOHN T. PATTON, JUDGE
N.B.  This entry is an announcement of the court's decision.  See
App.R. 22(B), 22(D) and 26(A); Loc.App.R. 27.  This decision will
be journalized and will become the judgment and order of the court
pursuant to App.R.22(E) unless a motion for reconsideration  with
supporting brief, per App.R. 26(A), is filed within ten (10) days
of the announcement of the court's decision.  The time period for
review by the Supreme Court of  Ohio shall begin to run upon  the
journalization of  this court's announcement  of decision by  the
.