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.