31 N.E.2d 88
No. 28419Supreme Court of Ohio.
Decided January 15, 1941.
Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — Misconduct of counsel — Cross-examination of accused as to prior arrest — Where none made under state or federal law — Argument to jury relating to character of accused — Where character not in issue — Section 16, Article I, Constitution.
APPEAL from the Court of Appeals of Cuyahoga county.
Mr. Frank T. Cullitan, prosecuting attorney, Mr. Neil W. McGill and Mr. John P. Butler, for appellee.
Mr. A.L. Kearns and Mr. Alfred A. Frost, 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., TURNER, WILLIAMS, MATTHIAS, HART, ZIMMERMAN and BETTMAN, JJ., concur.
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