Opinion
No. 31614
Decided December 15, 1948.
Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — Aiding, abetting or procuring first degree murder — Section 12380, General Code — indictment in words of statute — Purpose or intent not made ingredient of offense — Voir dire examination — Prospective juror admitted acquaintance with assistant prosecuting attorney — Who was attorney for estate of juror's deceased father — Juror stated such fact would not influence him — Challenge for cause by defendant overruled — Evidence — Prior confession by principal in presence of police and defendant — Defendant implicated and questioned periodically as to truth of confession — Alleged affirmative answers — Cross-examination by defendant to elicit relation of answers to confession, refused — Equal protection — Section 2, Article I, Constitution — Confrontation with witnesses — Section 10, Article I, Constitution — Article VI, Amendments, U.S. Constitution — Due process — Right to jury trial.
APPEAL from the Court of Appeals for Hamilton county.
Mr. Carson Hoy, prosecuting attorney, and Mr. Samuel A. Rubenstein, for appellee.
Mr. Stanley A. Silversteen and Mr. Chester R. Shook, 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., MATTHIAS, HART, ZIMMERMAN, SOHNGEN and STEWART, JJ., concur.
TURNER, J., not participating.