Opinion
No. 28382
Decided December 24, 1940.
Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — Killing while in perpetration of robbery — Defendants ordered tried jointly prior to appointment of counsel — Motions by defendants' counsel for separate trials overruled — Section 10, Article I, Constitution — Charge of court — Misconduct of counsel — Due process.
APPEAL from the Court of Appeals of Cuyahoga county.
Mr. Frank T. Cullitan, prosecuting attorney, Mr. Neil W. McGill and Mr. John P. Butler, for appellee.
Mr. Edward C. Stanton and Mr. James P. Mooney, for appellants.
It is ordered and adjudged that said appeal as of right be, and the same hereby is, dismissed for the reason no debatable constitutional question is involved in said cause.
Appeal dismissed.
WEYGANDT, C.J., DAY, ZIMMERMAN, TURNER, WILLIAMS, MATTHIAS and HART, JJ., concur.