Opinion
No. 26088
Decided October 14, 1936.
Supreme Court — Dismissals — No debatable constitutional question involved — Intoxicating liquors — Unlawful possession — Section 6064-64, General Code — Suppressing evidence obtained by search warrant — Municipal Court sustained motion and discharged accused — Error proceedings by state dismissed by Court of Appeals — Bill of exceptions and petition in error not filed within limitation — Sections 13445-1 and 13459-4, General Code — Right of state to prosecute appeal when accused not tried on merits — Section 6, Article IV, Constitution.
APPEAL from the Court of Appeals of Cuyahoga county.
Mr. John W. Bricker, attorney general, and Mr. Isadore Topper, for appellant.
Mr. A.L. Kearns and Mr. Albert B. Lefton, for appellee.
It is ordered and adjudged that said appeal as of right be, and the same is hereby, dismissed for the reason no debatable constitutional question is involved in said cause.
Appeal dismissed.
JONES, MATTHIAS, DAY and ZIMMERMAN, JJ., concur.
WILLIAMS, J., not participating.