4 N.E.2d 595
No. 26144Supreme Court of Ohio.
Decided October 14, 1936.
Supreme Court — Dismissals — No debatable constitutional question involved — Criminal law — Arraignment before one day elapsed after indictment filed — Section 13439-1, General Code — Section 10, Article I, Constitution — Articles V. VI and XIV, Amendments, U.S. Constitution — Arraignment before counsel appointed and in his absence after appointment — Waiver — Question not raised in Court of Appeals or Common Pleas Court.
APPEAL from the Court of Appeals of Cuyahoga county.
Mr. Frank T. Cullitan, prosecuting attorney, Mr. Norman Minor
and Mr. Thomas A. Burke, Jr., for appellee.
Page 33
Mr. Alexander H. Martin, for appellant.
It is ordered and adjudged that said appeal as of right be, and the same is hereby, dismissed for the reason no debatable constitutional question is involved in said cause.
Appeal dismissed.
WEYGANDT, C.J., WILLIAMS, JONES, MATTHIAS, DAY and ZIMMERMAN, JJ., concur.
STEPHENSON, J., not participating.