Opinion
No. 28884
Decided December 17, 1941.
Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — Conviction of keeping gambling establishment — Testimony of persons who had visited establishment, admitted — Search conducted in night season — Under warrant issued to appointee of court — Admission of evidence seized under warrant — Section 14, Article I, Constitution — Article XIV, Amendments, U.S. Constitution.
APPEAL from the Court of Appeals of Cuyahoga county.
Mr. Frank T. Cullitan, prosecuting attorney, and Mr. Neil W. McGill, for appellee.
Mr. Martin A. McCormack and Mr. Maxwell J. Gruber, for appellants.
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., TURNER, WILLIAMS, MATTHIAS, HART, ZIMMERMAN and BETTMAN, JJ., concur.