Opinion
No. 34616
Decided January 11, 1956.
Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — Second-degree murder — Motion for new trial — On ground of newly discovered evidence — Overruled.
APPEAL from the Court of Appeals for Cuyahoga County.
Mr. Frank T. Cullitan, prosecuting attorney, Mr. Saul S. Danaceau, Mr. Thomas J. Parrino and Mrs. Gertrude Bauer Mahon, for appellee.
Mr. William J. Corrigan, Mr. Arthur E. Petersilge, Mr. Fred W. Garmone, Mr. Paul M. Herbert and Mr. Russell E. Leasure, 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.
MATTHIAS, acting C.J., MIDDLETON, HART, ZIMMERMAN, STEWART, BELL and TAFT, JJ., concur.
MATTHIAS, J., sitting in the place and stead of WEYGANDT, C.J., pursuant to Section 2503.04, Revised Code.
MIDDLETON, J., of the Third Appellate District, sitting by designation in the place and stead of MATTHIAS, J., pursuant to Section 2, Article IV of the Constitution.