Opinion
No. 31625
Decided December 22, 1948.
Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — First degree murder — Oral confession in presence of police — Without apprisal that accused need not make statement — And without warning that any statement could be used against him — Confession later reduced to writing and apprisal and warning given — Pleas of not guilty and not guilty by reason of insanity — Defense counsel appointed by court — Argument to jury — One of such counsel stated accused guilty as charged — But that mercy should be recommended — Claim such argument without prior knowledge of associate counsel or accused — Fair and impartial trial — Section 10, Article I, Constitution — Due process — Article XIV, Amendments, U.S. Constitution.
APPEAL from the Court of Appeals for Cuyahoga county.
Mr. Frank T. Cullitan, prosecuting attorney, Mr. Victor DeMarco and Miss Gertrude M. Bauer, for appellee.
Mr. J.W. Woods, for appellant.
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., TURNER, MATTHIAS, HART, ZIMMERMAN, SOHNGEN and STEWART, JJ., concur.