Opinion
No. 34839
Decided July 5, 1956.
Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — Unlawful possession and sale of narcotics — Sections 3719.01 to 3719.22, Revised Code — Same jury members had heard similar case involving same witnesses — Fair trial by impartial jury — Section 10, Article I, Constitution — Presumption of innocence — Charge to jury — Evidence — Results of chemical tests.
APPEAL from the Court of Appeals for Montgomery County.
Mr. Mathias H. Heck, prosecuting attorney, and Mr. Francis C. Canny, for appellee.
Mr. Herman D. Arnovitz, 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., MATTHIAS, HART, ZIMMERMAN, STEWART, BELL and TAFT, JJ., concur.