Opinion
No. 33144
Decided October 8, 1952.
Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — Indictment for assault with intent to kill — Conviction of assault and battery — Newspaper articles during trial covering codefendant's prior conviction — No presumption jurors read or were prejudiced thereby — Witnesses — Convicted codefendant brought into courtroom in prison garb by uniformed officer — Not ground for reversal where not prejudicial — Claimed misconduct of prosecuting attorney in overemphasizing extent of injury — Reversal not warranted where remarks constituted prosecutor's interpretation of facts — Charge to jury — Use of "intentionally" instead of "unlawfully" in defining assault and battery — Not prejudicial, when — Accused admitted assault and pleaded self-defense — Prejudice to affirmatively appear of record to warrant reversal — Section 13449-5, General Code.
APPEAL from the Court of Appeals for Mahoning county.
Mr. William A. Ambrose, prosecuting attorney, for appellee.
Mr. Russell G. Mock, 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., ZIMMERMAN, STEWART, MIDDLETON, TAFT, MATTHIAS and HART, JJ., concur.