Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — First degree murder — Section 12400, General Code — Killing police officer while in discharge of duties — Section 12402-1, General Code — Police officer discharging duties when "preserving the peace" — Section 4378, General Code — Officer arresting suspicious person and making reasonable investigation — Constitutes "preserving the peace," when — Accused detained without warrant — Taken to home to procure identification material — Officer's failure to take accused before court and make complaint — Section 13432-3, General Code — Claimed violation by officer of police department rules — Evidence — Crimes not alleged in indictment provable to establish motive — Proof of flight and accused's criminal conduct during flight — Permissible to establish consciousness of guilt — Charge to jury on premeditation and deliberation, not erroneous, when — Insanity as defense — Burden on accused to prove by preponderance — Not jury question, when — Failure to charge on effect of recommendation of mercy — Not prejudicial, when.
Per Curiam.
It is ordered and adjudged that this appeal as of right be, and the same hereby is, dismissed for the reason that no debatable constitutional question is involved.
Appeal dismissed.
WEYGANDT, C.J., STEWART, MIDDLETON, MATTHIAS and HART, JJ., concur.