101 N.E.2d 388

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

No. 32698Supreme Court of Ohio.
Decided October 17, 1951.

Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — First degree murder — Evidence — Admissibility — Confession of accused — Confession of coconspirator — Posed pictures of deceased’s body — Separation of witnesses — Deputy sheriffs exempted from separation order — View by jury — Charge to jury — Failure to charge on includable offenses — Trial by jury — Section 5, Article I, Constitution — Fair trial — Section 10, Article I, Constitution.

APPEAL from the Court of Appeals for Medina county.

Mr. Wm. G. Batchelder, Jr., prosecuting attorney, and Mr. H. Dennis Dannley, for appellee.

Mr. Thomas J. Friel and Mr. Robert L. Johnson, for appellant.

Page 182

Per Curiam.

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, STEWART, MIDDLETON, TAFT, MATTHIAS, and HART, JJ., concur.

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