93 N.E.2d 409
No. 32290Supreme Court of Ohio.
Decided June 21, 1950.
Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — First degree murder — Plea of not guilty by reason of insanity — Commitment to Lima State Hospital for observation — Subsequent adjudication of sanity without notice or formal hearing — Sections 1 and 16, Article I, Constitution — Article XIV, Amendments, U.S. Constitution — Right to fair and impartial jury — Prospective jurors, not in favor of capital punishment, excused — Section 10, Article I, Constitution.
APPEAL from the Court of Appeals for Athens county.
Mr. Gordon B. Gray, for appellee.
Mr. Leslie Johnson and Mr. Hal H. Rowland, for appellant.
Page 106
Per Curiam.
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., MATTHIAS, ZIMMERMAN, STEWART, TURNER and TAFT, JJ., concur.