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State v. Schwartz

Supreme Court of Ohio
Oct 4, 1939
23 N.E.2d 78 (Ohio 1939)

Opinion

No. 27739

Decided October 4, 1939.

Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — Failure to provide for illegitimate child — Indictment under Section 13008, General Code — Prior "not guilty" judgment under Bastardy Act — Section 12110 et seq., General Code — Plea in abatement overruled — Appeal — Court of Appeals held no final order — Sections 11582 and 12223-2, General Code — Section 6, Article IV, Constitution.

APPEAL from the Court of Appeals of Sandusky county.

Mr. Alexander L. Hyzer, prosecuting attorney, for appellee.

Messrs. Bracy Young, 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, MYERS, MATTHIAS and HART, JJ., concur.


Summaries of

State v. Schwartz

Supreme Court of Ohio
Oct 4, 1939
23 N.E.2d 78 (Ohio 1939)
Case details for

State v. Schwartz

Case Details

Full title:THE STATE OF OHIO, APPELLEE v. SCHWARTZ, APPELLANT

Court:Supreme Court of Ohio

Date published: Oct 4, 1939

Citations

23 N.E.2d 78 (Ohio 1939)
136 Ohio St. 25

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State v. Schwartz

A motion filed in this court for leave to appeal was overruled and an appeal filed as of right was dismissed.…