Opinion
No. 30487
Decided October 31, 1945.
Supreme Court — Dismissal sua sponte — No debatable constitutional question involved — Criminal law — Section 13064, General Code — Promoting "scheme of chance" "for his own profit" — Section 13064-1, General Code — Promoting "scheme of chance known as * * * 'numbers game' " — Increased penalty prescribed by latter section — Indictment and conviction under Section 13064-1 — Discrimination — Equal application — Prohibition of lotteries — Section 6, Article XV, Constitution — "Inflammatory" testimony not objected to — Prejudicial argument to jury by prosecuting attorney and assistant — Fair and impartial trial.
APPEAL from the Court of Appeals of Hamilton county.
Mr. Carl W. Rich, prosecuting attorney, Mr. Carson Hoy and Mr. Loyal S. Martin, for appellee.
Mr. Sol Goodman and Mr. Wm. F. Hopkins, for appellant.
It is ordered and adjudged, sua sponte, 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, BELL, WILLIAMS, TURNER, MATTHIAS and HART, JJ., concur.