Opinion
No. 33723
Decided December 9, 1953.
Supreme Court — Dismissal sua sponte — No debatable constitutional question involved — Criminal law — First degree murder — Section 12400, General Code — Self-defense pleaded — Charge to jury — Statement that accused guilty of manslaughter if self-defense not established — Not prejudicial, when — Court correctly charged on issues — Accused admitted having shot decedent — Jury did not pass on issue of manslaughter — Misconduct of prosecuting attorney — Remarks to jury in argument — Waived where no timely objection — Cured where jury instructed to disregard — Evidence — Verdict sustained by, when — Unsigned confession, admissible, when.
APPEAL from the Court of Appeals for Cuyahoga county.
Mr. Frank T. Cullitan, prosecuting attorney, and Mr. Harvey R. Monck, for appellee.
Mr. Philip H. Stern and Mr. Myron D. Malitz, 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 dismissed.
WEYGANDT, C.J., MIDDLETON, TAFT, HART, ZIMMERMAN, STEWART and LAMNECK, JJ., concur.