127 N.E.2d 369

THE STATE OF OHIO, APPELLEE v. DELK, APPELLANT.

No. 34441Supreme Court of Ohio.
Decided June 8, 1955.

Supreme Court — Dismissal sua sponte — No debatable constitutional question involved — Criminal law — Armed robbery — Evidence — Sufficiency of — Identification of photograph by victim and subsequent personal identification — Alibi — Degree of proof required.

APPEAL from the Court of Appeals for Hamilton County.

Page 531

Mr. C. Watson Hover, prosecuting attorney, and Mr. Harry C. Schoettmer, for appellee.

Mr. William F. Hopkins, for appellant.

Per Curiam.

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, BELL and TAFT, JJ., concur.

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