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THE STATE OF OHIO, APPELLEE v. WARTH, APPELLANT. Motion to certify record allowed on rehearing. For opinion on merits, see 173 Ohio St.

Supreme Court — Dismissal sua sponte — No debatable constitutional question involved — Criminal law — Possessing and exhibiting obscene motion picture film — Section 2905.342, Revised Code.

The appeal as of right herein is dismissed sua sponte for the reason that no debatable constitutional question is involved.

Appeal dismissed.

WEYGANDT, C.J., MATTHIAS, BELL, RADCLIFF and O'NEILL, JJ., concur.

RADCLIFF, J., of the Fourth Appellate District, sitting by designation in the place and stead of HERBERT, J.

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THE STATE OF OHIO v. WARTH
(May 3, 1961)