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State v. Smetana

Supreme Court of Ohio
Jun 10, 1936
2 N.E.2d 778 (Ohio 1936)

Opinion

No. 26033

Decided June 10, 1936.

Supreme Court — Dismissals — No debatable constitutional question involved — Criminal law — Filing three-day notice of intention to establish alibi — Section 13444-20, General Code — Applicable to defendants or their witnesses — Refusal to allow defendants to testify for failure to comply — Constitutional right to submit entire defense — Article I, Section 10, Constitution — Allowing jurors to separate during deliberation without officer's supervision.

APPEAL from the Court of Appeals of Lorain county.

Mr. Howard R. Butler, prosecuting attorney, and Mr. William G. Wickens, for appellee.

Mr. William L. Brooker and Messrs. Adams Adams, 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, MATTHIAS, DAY and ZIMMERMAN, JJ., concur.

JONES, J., not participating.


Summaries of

State v. Smetana

Supreme Court of Ohio
Jun 10, 1936
2 N.E.2d 778 (Ohio 1936)
Case details for

State v. Smetana

Case Details

Full title:THE STATE OF OHIO, APPELLEE v. SMETANA ET AL., APPELLANTS

Court:Supreme Court of Ohio

Date published: Jun 10, 1936

Citations

2 N.E.2d 778 (Ohio 1936)
2 N.E.2d 778

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