Opinion
Nos. 32493 and 32499
Decided February 21, 1951.
Supreme Court — Dismissals — No debatable constitutional question involved — Criminal law — First degree murder — Continuance — Refusal to grant not abuse of discretion, when — Change of venue discretionary with trial court — Discretion not abused, when — Section 13427-1, General Code — Application to take deposition of out-of-state witness — Properly overruled where no disclosure in affidavit what evidence will be — Section 13444-11, General Code — Insanity hearing — Charge to jury — Expert witnesses' credibility determined by jury — Section 13441-4, General Code — Admission of written confession — Opinion testimony of lay witnesses on issue of insanity — Admissible, when — Weight and sufficiency of evidence determined by trier of facts — Appeal — Evidence supporting conviction of murder — Compulsory process for attendance of witnesses — Depositions — Section 10, Article I, Constitution — Due process — Articles V and XIV, Amendments, U.S. Constitution.
APPEALS from the Court of Appeals for Carroll county.
Mr. Glenn L. Fortune, prosecuting attorney, for appellee.
Mr. Emile Reiss, Mr. Don R. Sharp and Mr. Tom Richards, for appellant.
It is ordered and adjudged that these appeals as of right be, and the same hereby are, dismissed for the reason that no debatable constitutional questions are involved.
Appeals dismissed.
WEYGANDT, C.J., ZIMMERMAN, MIDDLETON, MATTHIAS and HART, JJ., concur.