Opinion
No. 33670
Decided October 21, 1953.
Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — First degree murder in perpetration of robbery — Section 12400, General Code — Conviction, reversal and retrial — Witnesses — Reading into evidence testimony given at former trial — Constitutionality of Section 13444-10, General Code, questioned — Evidence — Meets requisite degree of proof, when — Claimed misconduct of prosecuting attorney — Claimed abuse of discretion by court — Accused's right to meet witnesses face to face — Section 10, Article I, Constitution.
APPEAL from the Court of Appeals for Stark county.
Mr. John Rossetti, prosecuting attorney, Mr. Samuel Krugliak and Mr. Earle E. Wise, for appellee.
Mr. Ralph W. Ross and Mr. Carl F. Klein, 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., MIDDLETON, TAFT, ZIMMERMAN and STEWART, JJ., concur.
MATTHIAS, J., not participating.