Opinion
No. 34725
Decided April 25, 1956.
Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — Abortion — Aiding and abetting — Section 2901.16, Revised Code — What constitutes — Evidence — Quantum of proof — Accused indicted with another — Bill of particulars — Section 2941.07, Revised Code — Article VI, Amendments, U.S. Constitution — Jury discharged in absence of accused — Accused required to stand trial before a second jury — Claim double jeopardy — Article V, Amendments, U.S. Constitution — Section 10, Article I, Constitution.
APPEAL from the Court of Appeals for Cuyahoga County.
Mr. Frank T. Cullitan, prosecuting attorney, and Mr. Merle M. McCurdy, for appellee.
Messrs. Hertz Kates, 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 and BELL, JJ., concur.