Opinion
No. 27482
Decided March 29, 1939.
Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — Indictment for killing police officer in discharge of his duties — Section 12402-1, General Code — Refusal to order separate trials of three defendants — Section 13443-3, General Code — Res gestae rule — Admissibility of conversation in the form of question and answer — Failure to direct a verdict — Constitutionality of Section 13449-5, General Code.
APPEAL from the Court of Appeals of Clark county.
Mr. Jerome A. Navius, prosecuting attorney, Mr. Ben J. Goldman, Mr. John M. Cole and Mr. Thomas J. Herbert, attorney general, for appellee.
Mr. Aaron J. Halloran and Mr. William M. Vance, for appellant.
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, WILLIAMS, MYERS, MATTHIAS and HART, JJ., concur.
ZIMMERMAN, J., not participating.