Opinion
No. 34625
Decided December 21, 1955.
Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — Rape — Evidence — Prosecution impeaching own witness — By testimony of other witnesses — Transcript of testimony of prior unrelated crime read — Misconduct of prosecuting attorney — Failure of defense counsel to object — Fair trial — Section 10, Article I, Constitution.
APPEAL from the Court of Appeals for Mercer County.
Mr. Don W. Montgomery, prosecuting attorney, and Mr. John J. Hinders, for appellee.
Messrs. Drury Koch, 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., MATTHIAS, HART, ZIMMERMAN, STEWART, BELL and TAFT, JJ., concur.