63 N.E.2d 912
No. 30478Supreme Court of Ohio.
Decided November 21, 1945.
Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — Indictment, trial to jury which disagreed and jury discharged — Motion by state for change of venue sustained by Common Pleas Court — And motion for new trial by accused overruled — Appeal dismissed by Court of Appeals — No final order by Court of Common Pleas — Section 12223-2, General Code — Appeal from final order of Court of Appeals to Supreme Court.
APPEAL from the Court of Appeals of Champaign county.
Mr. Donald M. Gibbs, for appellee.
Mr. Lowell C. Bodey and Mr. Orville Wear, for appellant.
It is ordered and adjudged that this appeal as of right be, and the same hereby is, dismissed for the reasons that there was no final order in the Court of Common Pleas and no debatable constitutional question is involved.
Appeal dismissed.
WEYGANDT, C.J., ZIMMERMAN, BELL, WILLIAMS, TURNER and MATTHIAS, JJ., concur.
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