Opinion
No. 25992
Decided June 10, 1936.
Supreme Court — Dismissals — No debatable constitutional question involved — Criminal law — Grand jury's power to return indictment while prosecution pending in Municipal Court — Error proceedings — Final order — Common Pleas Court overruled plea of abatement to indictment.
APPEAL from the Court of Appeals of Cuyahoga county.
Mr. Frank T. Cullitan, prosecuting attorney, and Mr. Thomas A. Burke, Jr., for appellee.
Messrs. Payer, Corrigan, Cook Pilliod, for appellants.
It is ordered and adjudged that said appeal as of right be, and the same hereby is, dismissed for the reason no debatable constitutional question is involved in said cause.
Appeal dismissed.
WEYGANDT, C.J., STEPHENSON, WILLIAMS, JONES, MATTHIAS, DAY and ZIMMERMAN, JJ., concur.