23 N.E.2d 949
No. 27771Supreme Court of Ohio.
Decided November 15, 1939.
Supreme Court — Dismissal — No debatable constitutional question involved — Charge to jury — Jury, during deliberations, asked further instructions — Request delivered to court by bailiff in presence of counsel — Contents not disclosed — Bailiff orally instructed to tell jury court unable to answer — No objection by counsel — Court of Appeals held objection necessary to raise error — Sections 5 and 16, Article I, Constitution — 14th Amendment to U.S. Constitution.
APPEAL from the Court of Appeals of Clark county.
Messrs. Anderson, McKee Schwer, Mr. Harry Kohn and Mr. William Wasserstrom, for appellant.
Mr. Fred N. Carpenter, city solicitor, and Mr. Jerome A. Nevius, prosecuting attorney, for appellees.
It is ordered and adjudged that said appeal as of right be, and the same hereby is, dismissed for the reason no debatable constitutional question is involved in said cause.
Appeal dismissed.
WEYGANDT, C.J., DAY, ZIMMERMAN, WILLIAMS, MYERS, MATTHIAS and HART, JJ., concur.
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