Opinion
No. 26493
Decided April 28, 1937.
Supreme Court — Dismissals — No debatable constitutional question involved — Criminal law — First degree murder while perpetrating robbery — Dying declaration — Sufficient foundation laid for admission, when — Exclusion of evidence tending to show other offenses, not prejudicial to accused, when — Refusal to charge jury on lesser offenses, not prejudicial error, when.
APPEAL from the Court of Appeals of Lucas county.
Mr. Thomas J. O'Connor, prosecuting attorney, and Mr. J.S. Rhinefort, for appellee.
Mr. Eldon H. Young, for appellant.
It is ordered and adjudged that said appeal as of right be, and the same hereby is, dismissed for the reason no debatable constitutional question is involved in said cause.
Appeal dismissed.
WEYGANDT, C.J., JONES, MATTHIAS, DAY, ZIMMERMAN, WILLIAMS and MYERS, JJ., concur.