Opinion
No. 33831
Decided February 24, 1954.
Supreme Court — Dismissal — No debatable constitutional question involved — Action by son against father for conversion — Resulting from father's action under son's power of attorney — Claimed misconduct of counsel — Statement that witness committed perjury — Court's refusal to declare mistrial not abuse of discretion, when — Jury admonished to disregard statement — Prejudice not disclosed by record — Evidence — Admissibility of summarized conclusions of expert witness — Summary drawn from 400 separate sources — Documents upon which predicated in evidence — Charge to jury — Applicability of two-issue rule.
APPEAL from the Court of Appeals for Clark county.
Messrs. Corry, Durfey, Martin Browne, for appellee.
Messrs. Cole Cole, Mr. William E. Bailey and Messrs. Kusworm Kusworm, 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, STEWART and LAMNECK, JJ., concur.