From Casetext: Smarter Legal Research

McFarland v. Shirkey

Supreme Court of Ohio
Oct 29, 1958
154 N.E.2d 83 (Ohio 1958)

Opinion

No. 35657

Decided October 29, 1958.

Supreme Court — Dismissal — No debatable constitutional question involved — Malicious prosecution — Elements — Accusation of burglary — Judgment for plaintiff — Reversal by Court of Appeals — Finding absence of malice — Charge to jury — Section 5, Article I, Constitution — Trial by jury.

APPEAL from the Court of Appeals for Franklin County.

Messrs. Tyack Gertner, for appellant.

Mr. John H. Lewis, for appellee.


The appeal as of right herein is dismissed for the reason that no debatable constitutional question is involved.

Appeal dismissed.

WEYGANDT, C.J., ZIMMERMAN, STEWART, TAFT, MATTHIAS, BELL and HERBERT, JJ., concur.


Summaries of

McFarland v. Shirkey

Supreme Court of Ohio
Oct 29, 1958
154 N.E.2d 83 (Ohio 1958)
Case details for

McFarland v. Shirkey

Case Details

Full title:MCFARLAND, APPELLANT v. SHIRKEY, APPELLEE

Court:Supreme Court of Ohio

Date published: Oct 29, 1958

Citations

154 N.E.2d 83 (Ohio 1958)
154 N.E.2d 83

Citing Cases

Pergola v. Pennsylvania Railroad Co.

Rogers v. Barbera, 170 Ohio St. 241, 164 N.E.2d 162. District Judge Paul Jones, who presided at the trial,…