154 N.E.2d 822
No. 35829Supreme Court of Ohio.
Decided December 31, 1958.
Supreme Court — Dismissal sua sponte — No debatable constitutional question involved — Driving motor vehicle while under influence of intoxicating liquor — Conviction — Reversed by Court of Appeals — Unauthorized statements of prejudicial nature in presence of juror by court officer — Denial of new trial — Discretion of trial court — Section 2945.33, Revised Code — Conduct of jury after case submitted — Evidence — Due process.
APPEAL from the Court of Appeals for Cuyahoga County.
Mr. Stanley G. Webster and Mr. Donald K. Barclay, for appellant.
Mr. Anthony Carlin, for appellee.
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, MATTHIAS and HERBERT, JJ., concur.
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