Decided April 17, 1963.
Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — Assault — Time of commission — Claimed variance — Evidence — Charge to jury.
APPEAL from the Court of Appeals for Stark County.
Mr. Norman J. Putman, prosecuting attorney, Mr. Harry Kandel and Mr. Ira Turpin, for appellee.
Mr. Vincent J. Bernabei, for appellant.
The appeal as of right herein is dismissed for the reason that no debatable constitutional question is involved.
TAFT, C.J., ZIMMERMAN, MATTHIAS, O'NEILL, GRIFFITH, HERBERT and GIBSON, JJ., concur.