Opinion
No. 30677
Decided May 29, 1946.
Supreme Court — Dismissal, sua sponte — No debatable constitution at question involved — Criminal law — First degree murder — Voir dire examination without separation of veniremen — Questions as to opposition to capital punishment improper, when — Venireman stated no opinion of case formed — Verdict of second degree murder — Conversation between accused's counsel and juror after verdict returned — Statement by juror that jury knew of other killings by accused — And jury felt accused should be put out of circulation — Fair and impartial trial — Section 10, Article I, Constitution.
APPEAL from the Court of Appeals of Scioto county.
Mr. Marvin A. Kelly, prosecuting attorney, for appellee.
Messrs. Kimble, Micklethwaite Schapiro, for appellant.
It is ordered and adjudged, sua sponte, 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.