106 N.E.2d 75

SCHMOTZER, APPELLANT v. SIXT, A MINOR, ET AL., APPELLEES.

No. 33001.Supreme Court of Ohio.
Decided May 14, 1952.

Supreme Court — Dismissal sua sponte — No debatable constitutional question involved — Tort action — Jury — View of premises — Claim minor defendant conversed with jurors — Not ground for new trial, when — Formal objection or request for mistrial — Not made upon return to courtroom — Due process — Section 16, Article I, Constitution — Article XIV, Amendments, U.S. Constitution.

APPEAL from the Court of Appeals for Cuyahoga county.

Messrs. Endress Endress, for appellant.

Messrs. Bulkley, Butler Rini, for appellees.

Per Curiam.

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., ZIMMERMAN, STEWART, MIDDLETON, TAFT, MATTHIAS and HART, JJ., concur.

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