102 N.E.2d 599
No. 32858Supreme Court of Ohio.
Decided December 19, 1951.
Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — First degree murder — Defense of accidental killing — State rested — Accused moved for directed verdict on first degree — And that issue be limited to lesser offenses — Ruling on motion postponed — Accused proceeded with defense — Evidence — Proof of premeditation and malice — Fair trial — Section 10, Article I, Constitution — Due process — Article V, Amendments, U.S. Constitution.
APPEAL from the Court of Appeals for Hamilton county.
Mr. C. Watson Hover, prosecuting attorney, Mr. Thomas Stueve
and Mr. William N. Lovelace, for appellee.
Mr. Donald D. Clancy and Mr. Loyal S. Martin, for appellant.
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., ZIMMERMAN, STEWART, MIDDLETON, TAFT and MATTHIAS, JJ., concur.
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