75 N.E.2d 66
No. 30932Supreme Court of Ohio.
Decided March 5, 1947.
Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — Assault and battery — Charge to jury — Right of self-defense — Predicated on belief imminent danger of death or great bodily harm — Inalienable rights — Section 1, Article I, Constitution — Prior knowledge by juror of scene of offense — Comment to other jurors that scene a “gyp joint” — Evidence jurors not prejudiced thereby — Due process — Section 1, Article XIV, Amendments, U.S. Constitution — Trial by jury — Sections 5 and 10, Article I, Constitution.
APPEAL from the Court of Appeals for Defiance county.
Mr. Erwin L. Clemens, prosecuting attorney, for appellee.
Mr. Otto W. Hess and Mr. George A. Meekison, 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.
Page 541
WEYGANDT, C.J., TURNER, MATTHIAS, ZIMMERMAN and SOHNGEN, JJ., concur.
HART, J., not participating.