Opinion
No. 27395
Decided January 25, 1939.
Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — Improper remarks by counsel in opening statement — Section 13443-18, General Code — Juror withdrawn and later trial held — Double jeopardy.
APPEAL from the Court of Appeals of Jefferson county.
Mr. Hugo Alexander, prosecuting attorney, and Mr. C.J. Borkowski, for appellee.
Mr. Hugo F. Chestosky and Mr. L.O. Ealy, 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., DAY, ZIMMERMAN, WILLIAMS, MATTHIAS and HART, JJ., concur.