THE STATE OF OHIO v. PORCHETTA

Supreme Court — Dismissal — No debatable constitutional question involved — No prejudicial error intervened — Criminal law — Misconduct of prosecuting attorney — Argument to jury — Comment on accused's failure to testify.

Per Curiam.

The appeal as of right herein is dismissed, there being no debatable constitutional question involved for the sole reason that the claimed error is not prejudicial.

Appeal dismissed.

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

MATTHIAS, J., not participating.