MCFARLAND v. SHIRKEY

Supreme Court — Dismissal — No debatable constitutional question involved — Malicious prosecution — Elements — Accusation of burglary — Judgment for plaintiff — Reversal by Court of Appeals — Finding absence of malice — Charge to jury — Section 5, Article I, Constitution — Trial by jury.

Per Curiam.

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

Appeal dismissed.

WEYGANDT, C.J., ZIMMERMAN, STEWART, TAFT, MATTHIAS, BELL and HERBERT, JJ., concur.