Opinion
No. 34077
Decided October 20, 1954.
Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — First degree murder — Newspaper articles during trial — Instructions to jury to disregard — Court's refusal to poll jury or declare mistrial — Charge to jury — "Accident" — "Anger" — "Intoxication" — Due process.
APPEAL from the Court of Appeals for Hamilton County.
Mr. C. Watson Hover, prosecuting attorney, and Mr. Melvin G. Rueger, for appellee.
Mr. Benjamin S. Schwartz, Mr. Harry A. Abrams and Mr. Joseph Lichtenbaum, 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, STEWART and LAMNECK, JJ., concur.