111 N.E.2d 761

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

No. 33368Supreme Court of Ohio.
Decided March 18, 1953.

Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — Rape — Kidnapping with intent to rape and rape — Sections 12413 and 13386-3, General Code — Separate indictments — Cases docketed separately — Pleas — Guilty of rape — Not guilty of kidnapping with intent to rape and rape — Sentenced on plea of guilty — Tried and convicted of kidnapping with intent to rape and rape — Sentence imposed to run consecutively — Not double jeopardy — Section 10, Article I, Constitution — Article V, Amendments, U.S. Constitution.

APPEAL from the Court of Appeals for Mahoning county.

Mr. William A. Ambrose, prosecuting attorney, and Mr. Harold H. Hull, for appellee.

Mr. Russell G. Mock, 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., MATTHIAS, HART and ZIMMERMAN, JJ., concur.

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