Opinion
No. 31110
Decided October 8, 1947.
Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — Murder — Conspiracy to unlawfully evict tenants from property of one of accused — Owner rounded up several persons to "bluff out" tenants — And supplied loaded gun and blackjack to one of conspirators — With admonition not to actually use — Tenant killed during process of "eviction" — By blow from stick wielded by a conspirator — Owner and another conspirator convicted of second degree murder — Claim that offense charged was manslaughter — And that murder conviction result of prosecuting attorney's misconduct — Examination by prosecuting attorney — As to other property owned by accused — And as to attempt to get more rent over ceiling — Argument to jury by prosecuting attorney — Suggesting exploitation of tenants by accused — Fair and impartial trial.
APPEAL from the Court of Appeals for Cuyahoga county.
Mr. Frank T. Cullitan, prosecuting attorney, and Mr. Norman S. Minor, for appellee.
Mr. A.L. Kearns, Mr. R.B. Kearns and Mr. George F. Hayes, 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.
Appeal dismissed.
WEYGANDT, C.J., TURNER, HART, ZIMMERMAN, SOHNGEN and STEWART, JJ., concur.