Decided May 10, 1950.
Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — Rape — Joint indictment — Motion for separate trials overruled — Evidence — Signed statement of co-defendant — Hospital records containing statements of prosecuting witness — Charge to jury as to confessions — Misconduct of bailiff — Fair and impartial trial — Section 10, Article I, Constitution — Articles V and VI, Amendments, U.S. Constitution, and Section 1, Article XIV, Amendments, U.S. Constitution.
APPEAL from the Court of Appeals for Cuyahoga county.
Mr. Frank T. Cullitan, prosecuting attorney, and Miss Gertrude M. Bauer, for appellee.
Mr. M.A. Picciano, Mr. A.L. Kerns and Mr. A.L. Adelstein, for appellants.
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.
WEYGANDT, C.J., MATTHIAS, HART, ZIMMERMAN and TURNER, JJ., concur.