116 N.E.2d 207
No. 33672Supreme Court of Ohio.
Decided November 11, 1953.
Supreme Court — Dismissal sua sponte — No debatable constitutional question involved — Malicious prosecution — Warrant for plaintiff’s arrest issued on defendant’s affidavit — Charging issuance of check without funds in bank — Grand jury returned no-bill — Directed verdict for defendant proper, when — Defense predicated on advice of counsel — Right to jury trial — Section 11379, General Code — Section 5, Article I, Constitution.
APPEAL from the Court of Appeals for Hamilton county.
Mr. Robert Fosdick, for appellant.
Mr. Cedric Vogel, for appellee.
It is ordered and adjudged, sua sponte, that this appeal as of right be, and the same hereby is, dismissed for the reason that no debatable constitutional question is involved.
Appeal dismissed.
WEYGANDT, C.J., MIDDLETON, TAFT, HART, ZIMMERMAN and STEWART, JJ., concur.
Page 296