Opinion
No. 25735
Decided January 2, 1936.
Supreme Court — Dismissals — No debatable constitutional question involved — Jury — Stepmother of assistant prosecuting attorney's wife member of jury — Denial of constitutional right of accused to be tried by impartial jury — Counsel's want of due diligence in discovering such family relationship.
ERROR to the Court of Appeals of Stark county.
Mr. Price Janson and Mr. Paul Van Nostran, for plaintiff in error.
Mr. George N. Graham, prosecuting attorney, and Mr. A.C.L. Barthelmeh, for defendant in error.
It is ordered and adjudged that said petition in error be, and the same is hereby, dismissed for the reason no debatable constitutional question is involved in said cause.
Petition in error dismissed.
WEYGANDT, C.J., STEPHENSON, WILLIAMS, JONES, MATTHIAS, DAY and ZIMMERMAN, JJ., concur.