111 N.E.2d 1

THE STATE OF OHIO, APPELLEE v. O’LEARY, APPELLANT.

No. 33371Supreme Court of Ohio.
Decided March 4, 1953.

Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — Perjury — False testimony by real estate dealer — Before state examiner — Before grand jury — Relative to grantor of real estate purchased by village — State examiner’s authority to conduct investigation questioned — Authorized scope of grand jury investigation — Indictment — Sufficient, when — Sections 13437-2, 13437-6 and 13437-17, General Code — Evidence — Materiality — Sufficient to meet requisite degree of proof, when — Charge to jury.

APPEAL from the Court of Appeals for Lorain county.

Mr. Paul Mikus, prosecuting attorney, Mr. Harold S. Ewing an Mr. James Christie, for appellee.

Mr. Milton Firestone, Mr. William F. Waldeisen and Mr. Myron S. Stanford, 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., TAFT, MATTHIAS, HART, ZIMMERMAN and STEWART, JJ., concur.

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