Opinion
No. 32830
Decided December 12, 1951.
Supreme Court — Dismissal sua sponte — No debatable constitutional question involved — Criminal law — Conspiracy to obtain money by false pretenses — Section 13104, General Code — "Conspiracy," defined — Prima facie showing of, made how — Evidence of concert of action — Inference that overt act in furtherance of common purpose — Proof of intent — Proof of reliance on false pretense — Partnership salesman procuring signature to "buyer's completion certificate" and note — Representation that papers constituted application for loan — Notes negotiated to bank — Federal Housing Administration lending agency — Credit given partnership account — Material covered by "buyer's completion certificate" not delivered — Defrauding of bank — Of individuals — "Buyer's completion certificate" as receipt — Evidence — Federal Housing Administration policy statement — Bad check transaction by accused — Charge to jury — Trial for crimes — Witnesses — Section 10, Article I, Constitution — Due process — Section 16, Article I, Constitution — Article XIV, Amendments, U.S. Constitution.
APPEAL from the Court of Appeals for Lucas county.
Mr. Joel S. Rhinefort, prosecuting attorney, and Mr. Harby Friberg, for appellee.
Messrs. Nichols, Wood, Marx Ginter, Mr. Lawrence I. Levi and Mr. Frank M. Wiseman, 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 dismissad.
WEYGANDT, C.J., ZIMMERMAN, STEWART, MATTHIAS and HART, JJ., concur.