Opinion
No. 34208
Decided December 22, 1954.
Supreme Court — Dismissal — No debatable constitutional question involved — First degree murder — Charge to jury — Giving additional instruction as to penalty or parole — Prejudicial error, when — Right of accused to impartial trial — Section 10, Article I, Constitution.
APPEAL from the Court of Appeals for Hocking County.
Mr. Fred A. Murray, prosecuting attorney, and Mr. Phil A. Henderson, for appellee.
Mr. Richard C. Gerken, 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, HART, ZIMMERMAN and STEWART, JJ., concur.
MATTHIAS, J., not participating.