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.