44 N.E.2d 355
No. 29211Supreme Court of Ohio.
Decided September 30, 1942.
Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — First degree murder — Indictment contained two counts — Accused found guilty as “charged” — Right to trial by jury on plea in abatement — Right to introduce testimony given before grand jury — Use of force in obtaining confession — Sections 5, 10 ana 16, Article I, Constitution — 14th Amendment, U.S. Constitution.
APPEAL from the Court of Appeals of Summit county.
Mr. Alva J. Russell, prosecuting attorney, and Mr. Robert Axar, for appellee.
Mr. Guy E. Hammond, for appellant.
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., TURNER, WILLIAMS, MATTHIAS, HART and ZIMMERMAN, JJ., concur.
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