156 N.E.2d 314
No. 35882Supreme Court of Ohio.
Decided February 4, 1959.
Supreme Court — Dismissal sua sponte — No debatable constitutional question involved — Operating motor vehicle under influence of alcohol — Trial in Municipal Court — Territorial jurisdiction — Question raised after prosecution’s case completed — Jury recessed — To permit determination of issue — Lapse of 31 days before jury reassembled — Claimed abuse of discretion — Claimed irregularities by officer of court — Fair trial — Due process — Sections 10 and 16, Article I, Constitution — Speedy public trial.
APPEAL from the Court of Appeals for Franklin County.
Mr. Russell Leach, city attorney, Mr. Bernard T. Chupka and Mr. Davis J. Myers, for appellee.
Mr. S. Myron Gurevitz, for appellant.
Per Curiam.
The appeal as of right herein is dismissed, sua sponte, for the reason that no debatable constitutional question is involved.
Appeal dismissed.
WEYGANDT, C.J., ZIMMERMAN, STEWART, TAFT, MATTHIAS, BELL and HERBERT, JJ., concur.
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