Opinion
No. 34706
Decided March 7, 1956.
Supreme Court — Dismissal sua sponte — No debatable constitutional question involved — Criminal law — Operation of motor vehicle while intoxicated — Section 4511.19, Revised Code — Statutory construction — Change in language of statute — Section 4301.01, Revised Code — Definition of intoxicating liquor — Claim sections in pari materia — Comment of trial court at conclusion of charge — Improper form of verdict submitted — Verdict returned, corrected after deliberations resumed — Fair trial — Equal protection of the laws — Section 10, Article I, Constitution.
APPEAL from the Court of Appeals for Miami County.
Mr. James H. DeWeese, prosecuting attorney, Mr. Howard Swinehart and Mr. R.K. Wilson, for appellee.
Mr. Forrest L. Blankenship, for appellant.
It is ordered and adjudged, sua sponte, 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., MATTHIAS, HART, ZIMMERMAN, STEWART, BELL and TAFT, JJ., concur.