70 N.E.2d 274

THE STATE OF OHIO, APPELLEE v. ALTOMARE ET AT., APPELLANTS.

No. 30781Supreme Court of Ohio.
Decided November 13, 1946.

Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — Burglary of uninhabited building and larceny — Failure to apprise accused under arrest of right to refuse statement — Statements by accused while under arrest not permitted in evidence — Witness against self — Section 10, Article I, Constitution.

APPEAL from the Court of Appeals for Columbiana county.

Page 220

Mr. Frank W. Springer, prosecuting attorney, and Mr. James L. MacDonald, for appellee.

Mr. W. Edmund Peters, for appellants.

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., ZIMMERMAN, WILLIAMS, TURNER, MATTHIAS and HART, JJ., concur.

BELL, J., not participating.

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