13 N.E.2d 909
No. 26916Supreme Court of Ohio.
Decided March 9, 1938.
Supreme Court — Dismissals — No debatable constitutional question involved — Criminal law — Robbery — Aiding and abetting — Failure of defendant to testify — Considered by jury in determining guilt beyond reasonable doubt — Article I, Section 10, Constitution.
APPEAL from the Court of Appeals of Logan county.
Mr. J. Ewing Smith, prosecuting attorney, for appellee.
Mr. Roy Warren Roof, for appellant.
It is ordered and adjudged that said appeal as of right be, and the same hereby is, dismissed for the reason no debatable constitutional question is involved in said cause.
Appeal dismissed.
WEYGANDT, C.J., ZIMMERMAN, WILLIAMS, MYERS and GORMAN, JJ., concur.
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