STATE v. ABBOTT, 151 Ohio St. 412 (1949)

86 N.E.2d 324

THE STATE OF OHIO, APPELLEE v. ABBOTT, APPELLANT.[*]

No. 31741Supreme Court of Ohio.
Decided May 4, 1949.

[*] Reporter’s Note. This cause is pending, a Motion for leave to appeal having been allowed.

Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — First degree murder — Joint indictment with coaccused — State’s motion for joint trial granted — Accused’s motion for vacation of joinder overruled — Confession of coaccused implicating accused and not made in accused’s presence — Intention of state to introduce in evidence, which was done — Court instruction to jury to disregard confession as to accused — State’s claim that accused made oral confession and admissions — Accused found guilty of second degree murder — Coaccused of first degree murder with mercy — Due process — Article XIV, Amendments, U.S. Constitution — Claim court should have confined issue to first degree murder — As no evidence supporting second degree murder or manslaughter — Evidence that accused aider and abettor.

APPEAL from the Court of Appeals for Butler county.

Mr. Jackson Bosch, prosecuting attorney, for appellee.

Mr. Gilbert E. Condo and Mr. William F. Hopkins, for appellant.

It is ordered and adjudged 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., MATTHIAS, HART, STEWART, TURNER and TAFT, JJ., concur.

ZIMMERMAN, J., not participating.

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