38 N.E.2d 392
No. 28886Supreme Court of Ohio.
Decided December 31, 1941.
Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — Conviction of first degree murder — Killing while attempting to perpetrate robbery — Testimony as to other robberies admitted in evidence — Section 13444-19, General Code — Misconduct of prosecuting attorney — Failure to object — Article VI, Amendments, U.S. Constitution.
APPEAL from the Court of Appeals of Franklin county.
Mr. Ralph J. Bartlett, prosecuting attorney, Mr. Forrest F. Smith and Mr. T. Vincent Martin, for appellee.
Mr. Howard H. Gillard, for appellant.
It is ordered and adjudged that this appeal as of right be, and the same hereby is, dismissed for the
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reason that no debatable constitutional question is involved.
Appeal dismissed.
WEYGANDT, C.J., TURNER, WILLIAMS, MATTHIAS, HART, ZIMMERMAN and BETTMAN, JJ., Concur.