86 N.E.2d 323
No. 31714Supreme Court of Ohio.
Decided March 30, 1949.
Supreme Court — Dismissal, sua sponte — No debatable constitutional question involved — Criminal law — First degree murder — Killing by shooting in perpetration of robbery — View of premises — Bailiff pointed out bullet holes — Objection by accused overruled, but no motion to discharge jury — Claim such pointing out was introduction of evidence — Accused on direct examination gave details of life history — Cross-examination as to omitted details and previous law violations — Prior to question and affirmative answer as to conviction of previous robbery — Claim that such cross-examination improper — Because history not character evidence — And law violation without conviction no credibility test — Rejection of evidence of injuries sustained at time of offense — To show incapability of intent — Witness against self — Due process — Sections 10 and 16, Article 1, Constitution — Article V, Amevdments, and Section 1, Article XIV, Amendments, U.S. Constitution.
APPEAL from the Court of Appeals for Lucas county.
Mr. Joel S. Rhinefort, prosecuting attorney, and Mr. Harry Friberg, for appellee.
Mr. Robert F. Bartley, for appellant.
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., MATTHIAS, HART, ZIMMERMAN, STEWART, TURNER and TAFT, JJ., concur.
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