Summary
In State v. Viola (1947), 51 Ohio Law Abs. 577, the court concluded that a charge on alibi need not be given in the absence of any evidence on alibi.
Summary of this case from State v. BridgemanOpinion
No. 31216
Decided November 19, 1947.
Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — First degree murder — Evidence — Letter of Director of Federal Bureau of Investigation — Stating fingerprints at scene of offense identical to fingerprints of accused — Admission of letter in evidence with claimed agreement of accused's counsel — Cross-examination by accused's counsel relative to such letter — Right to confront witnesses — Section 10, Article I, Constitution — Article VI, Amendments, U.S. Constitution — Instruction by court to jury at its request during deliberation — Given with consent of accused's counsel although accused not present — Instruction later repeated to jury in presence of accused — Right to defend in person — Section 10, Article I, Constitution.
APPEAL from the Court of Appeals for Trumbull county.
Mr. Paul J. Reagen, prosecuting attorney, and Mr. William M. McLain, for appellee.
Messrs. Margiotti Casey and Messrs. Pierson Pierson, 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., TURNER, MATTHIAS, HART, ZIMMERMAN, SOHNGEN and STEWART, JJ., concur.