130 N.E.2d 237
No. 34554Supreme Court of Ohio.
Decided November 9, 1955.
Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — Second degree murder — Elements of crime — Degree of proof required — Lesser offenses — Right to trial by impartial jury — Charge to jury — Fair trial — Evidence — Due process — Sections 10 and 16, Article I, Constitution — Articles IV, VI and XIV, Amendments, U.S. Constitution.
APPEAL from the Court of Appeals for Belmont County.
Mr. William H. Irwin, prosecuting attorney, and Mr. Joseph L. Liverno, for appellee.
Mr. A.G. Lancione and Mr. A.C. Schiffler, 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., MATTHIAS, HART, ZIMMERMAN, STEWART, BELL and TAFT, JJ., concur.