THE STATE OF OHIO v. SIMMONS

Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — Sodomy — Section 2905.44, Revised Code — Constitutionality — Elements — Evidence — Statutory construction — Charge to jury — Section 16, Article II, Constitution — Subject matter of legislative enactment.

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

Appeal dismissed.

WEYGANDT, C.J., MATTHIAS, BELL and PECK, JJ., concur.