STATE OF OHIO v. ORTH

Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — Trial for murder in perpetration of robbery — Defense of alibi — Acquittal — Subsequent trial for robbery — Conviction — Doctrine of res judicata — Applicability to criminal action — Evidence — Due process — Section 10, Article I, Constitution — Article V, Amendments, U.S. Constitution.

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.