Opinion
No. 30593
Decided February 13, 1946.
Supreme Court — Dismissal — No debatable Constitutional question involved — Criminal law — First degree murder — Inquiry by jury — Possibility of pardon in event of life sentence — Instruction by court — Pardon possible by proof of innocence or by Governor — View of scene — Accused not personally present — Fair trial — Remarks of prosecuting attorney not misconduct, when.
APPEAL from the Court of Appeals of Clark county.
Mr. Glenn E. Detling, prosecuting attorney, and Mr. Robert S. Olinger, for appellee.
Mr. James, C. Cobb, Mr. John J. Chester and Mr. Jack Young, 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, BELL, WILLIAMS, TURNER, MATTHIAS and HART, JJ., concur.