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State v. Davis

Supreme Court of Ohio
Oct 14, 1953
115 N.E.2d 5 (Ohio 1953)

Opinion

No. 33638

Decided October 14, 1953.

Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — Contributing to delinquency of minor — Section 1639-45, General Code — Conspiracy — Accused engaged with minor's father in lottery operation — Minor used as runner to transport bettor's slips — Apprehended and adjudged a delinquent in Juvenile Court — Father convicted of contributing to delinquency — Acts of one co-conspirator imputable to all — Ignorance of minority no defense — Claimed misconduct of prosecuting attorney — Surprise testimony of hostile prosecution witness — Prosecutor's right to examine relative to previous contradictory declarations — Evidence — Sufficiency of to establish conspiracy.

APPEAL from the Court of Appeals for Cuyahoga county.

Mr. Frank T. Cullitan, prosecuting attorney, and Mr. Dennis J. McGuire, for appellee.

Mr. Dan W. Duffy, Mr. Bernard Friedman, Mr. Jay B. White, Mr. A.L. Kearns and Mr. A.R. Roman, 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., MIDDLETON, HART, ZIMMERMAN and STEWART, JJ., concur.

MATTHIAS, J., not participating.


Summaries of

State v. Davis

Supreme Court of Ohio
Oct 14, 1953
115 N.E.2d 5 (Ohio 1953)
Case details for

State v. Davis

Case Details

Full title:THE STATE OF OHIO, APPELLEE v. DAVIS, APPELLANT

Court:Supreme Court of Ohio

Date published: Oct 14, 1953

Citations

115 N.E.2d 5 (Ohio 1953)
115 N.E.2d 5