Opinion
No. 32852
Decided December 19, 1951.
Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — First degree murder — Killing while perpetrating rape — Appeal — Bill of exceptions — Authority of trial judge to allow — Time for filing — Affirmance by Court of Appeals — Present insanity of accused tested, how — Plea of "not guilty by reason of insanity" — Constitutionality of procedural statutes — Due process — Equal protection — Sections 2 and 16, Article 1, Constitution — Section 1, Article XIV, Amendments, U.S. Constitution.
APPEAL from the Court of Appeals for Cuyahoga county.
Mr. Frank T. Cullitan, prosecuting attorney, and Mr. John J. Mahon, for appellee.
Mr. Emile Reiss, 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., ZIMMERMAN, STEWART, MIDDLETON, TAFT, MATTHIAS and HART, JJ., concur.