20 N.E.2d 371
No. 27486Supreme Court of Ohio.
Decided April 5, 1939.
Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — First degree murder — Prejudice by reading purported confession to jury, which was later withdrawn — Section 10, Article I, Constitution — Defense of insanity at time act was committed — No claim of present insanity — Defendant committed to Lima State Hospital for observation — Constitutionality of Section 13441-4, General Code.
APPEAL from the Court of Appeals of Marion county.
Mr. Paul D. Michel, prosecuting attorney, and Mr. Walter D. Moore, for appellee.
Mr. Z.P. Davis and Messrs. Mouser Mouser, 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., DAY, ZIMMERMAN, WILLIAMS, MYERS, MATTHIAS and HART, JJ., concur.
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