119 N.E.2d 618
No. 33807Supreme Court of Ohio.
Decided March 31, 1954.
Supreme Court — Dismissal sua sponte — No debatable constitutional question involved — Criminal law — Forgery — Accused charged by affidavit and arraigned in Municipal Court — Preliminary hearing and stenographic record demanded — Prosecution continued in Municipal Court — To enable city commission to appropriate money to pay stenographer — Accused indicted by grand jury — Prosecution dismissed by Municipal Court without knowledge of accused or counsel — Accused arraigned in Common Pleas Court and moved to dismiss indictment — On ground request for preliminary hearing pending in Municipal Court — Plea of not guilty entered — Motion to dismiss indictment overruled — Appeal to Court of Appeals — Finality of order appealed from — Grand jury’s authority to indict — Due process — Section 16, Article I, Constitution.
APPEAL from the Court of Appeals for Greene county.
Mr. George R. Smith, prosecuting attorney, and Mr. John A. Neatherton, for appellee.
Messrs. Schlafman Elliott, 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., MIDDLETON, TAFT, HART, ZIMMERMAN, STEWART and LAMNECK, JJ., concur.
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