Opinion
No. 32635
Decided June 6, 1951.
Supreme Court — Dismissal sua sponte — No debatable constitutional question involved — Criminal law — Multiple counts in one indictment — Each count arising out of same transaction — Issuing checks with intent to defraud — Aiding and abetting — Larceny by trick — Prosecution not required to elect between counts — Conviction on all counts error — Conviction on one count proper — Double jeopardy — Section 10, Article I, Constitution.
APPEAL from the Court of Appeals for Wood county.
Mr. Robert D. Schuck, prosecuting attorney, and Mr. Floyd A. Coller, for appellee and cross-appellant.
Mr. William S. Snook and Mr. Garver Oxley, for appellant and cross-appellee.
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, STEWART, MATTHIAS and HART, JJ., concur.