Opinion
No. 27318
Decided November 30, 1938.
Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — First degree murder — Killing policeman discharging duty or killing while perpetrating robbery — Remarks by court during trial — Juror's brother in bank during robbery — Argument to jury by prosecuting attorney — Reading from document not introduced in evidence but supported by testimony — Right to trial by fair and impartial jury — Sections 5 and 10, Article I, Ohio Constitution — Article VI, Amendments to U.S. Constitution.
APPEAL from the Court of Appeals of Franklin county.
Mr. Ralph J. Bartlett, prosecuting attorney, Mr. T. Vincent Martin, Mr. Daniel S. Webber, Jr., and Mr. Henry L. Holden, for appellee.
Mr. Kenneth Little, Mr. Bernard Little and Mr. Merle H. Champ, for appellant.
It is ordered and adjudged that said appeal as of right be, and the same hereby is, dismissed for the reason no debatable constitutional question is involved in said cause.
Appeal dismissed.
WEYGANDT, C.J., MATTHIAS, DAY, ZIMMERMAN, WILLIAMS, MYERS AND GORMAN, JJ., concur.