Decided April 13, 1938.
Supreme Court — Dismissals — No debatable constitutional question involved — Criminal law — First degree murder by arsenical poisoning — Evidence of four other arsenical poisonings — Admissible to show plan to secure money to pay creditors — Section 13444-19, General Code — Answering to four other charges without presentment or indictment — Article I, Sections 10 and 16, Constitution — 14th Amendment to the Constitution of the United States — Misconduct of prosecuting attorney in argument to jury — Objection not interposed when statements made.
APPEAL from the Court of Appeals of Hamilton county.
Mr. Dudley Miller Outcalt, prosecuting attorney, Mr. Simon L. Leis, Mr. Loyal S. Martin and Mr. Carson Hoy, for appellee.
Messrs. Bolsinger Hoodin, Mr. Hiram C. Bolsinger, Jr., Mr. Sidney C. Brant and Mr. Sidney J. Kahn, for appellant.
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.
WEYGANDT, C.J., MATTHIAS, ZIMMERMAN, WILLIAMS, MYERS and GORMAN, JJ., concur.
DAY J., dissents.