STATE v. RECTOR, 146 Ohio St. 233 (1946)

65 N.E.2d 67

THE STATE OF OHIO, APPELLEE v. RECTOR, APPELLANT.

No. 30567Supreme Court of Ohio.
Decided January 23, 1946.

Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — Receiving or concealing stolen property — Section 12450, General Code — Evidence — Facts tending to show accused’s ownership of burglar tools admissible, when — Charge of court — Knowingly receiving stolen property to aid another — Made a possible element of scienter — Reference to the theft as by one not necessarily the accused — Fair and impartial trial — Section 10, Article I, Constitution.

APPEAL from the Court of Appeals of Cuyahoga county.

Mr. Frank T. Cullitan, prosecuting attorney, Mr. Norman S. Minor and Miss Gertrude M, Bauer, for appellee.

Mr. Louis Fernberg 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., ZIMMERMAN, BELL, WILLIAMS, TURNER, MATTHIAS and HART, JJ., concur.

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