Opinion
No. 31301
Decided February 25, 1948.
Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — First degree murder — Killing policeman in attempting to perpetrate burglary — Section 12400, General Code — Joint indictment with another who actually killed — Separate trial on motion of accused — Verdict of guilty with mercy as to joint accused — Several days prior to trial of accused — Adverse newspaper comment because death penalty not inflicted — Verdict of guilty without mercy as to accused — Introduction in evidence of burglary tools found on premises of accused — Closing argument of state — Statement that accused should be electrocuted — To prevent his teaching crime to younger prisoners in penitentiary — Due process — Equal protection — Article XIV, Amendments, U.S. Constitution.
APPEAL from the Court of Appeals for Montgomery county.
Mr. Mathias H. Heck, prosecuting attorney, Mr. William R. Wolff and Mr. Robert W. Schroader, for appellee.
Mr. Herbert M. Eikenbary, 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.