The State of Ohio v. Porchetta

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

Court: Supreme Court of Ohio

Date published: Oct 9, 1957

145 N.E.2d 407 (Ohio 1957)

145 N.E.2d 407

Opinion

No. 35192

Decided October 9, 1957.

Supreme Court — Dismissal — No debatable constitutional question involved — No prejudicial error intervened — Criminal law — Misconduct of prosecuting attorney — Argument to jury — Comment on accused's failure to testify.

APPEAL from the Court of Appeals for Cuyahoga County.

Mr. John T. Corrigan, prosecuting attorney, and Mr. Don DeRocco, for appellee.

Mr. Henry C. Lavine and Mr. Alan Meltzer, for appellant.

Per Curiam.

The appeal as of right herein is dismissed, there being no debatable constitutional question involved for the sole reason that the claimed error is not prejudicial.

Appeal dismissed.

WEYGANDT, C.J., ZIMMERMAN, STEWART, BELL, TAFT and HERBERT, JJ., concur.

MATTHIAS, J., not participating.