Opinion
No. 32538
Decided March 28, 1951.
Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — First degree murder — Purposely killing — Premeditation — No specific length of time required to show — Malice — Testimony as to prior threats — Evidence of prior assaults to show course of conduct or design — Leading questions permitted in discretion of trial court — Due process — Fair trial.
APPEAL from the Court of Appeals for Hamilton county.
Mr. C. Watson Hover, prosecuting attorney, and Mr. William N. Lovelace, for appellee.
Mr. Charles Hyman, Mr. Samuel A. Rubenstein and Mr. Bernard J. Gilday, 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., ZIMMERMAN, STEWART, MIDDLETON, TAFT, MATTHIAS and HART, JJ., concur.