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THE STATE OF OHIO, APPELLEE v. NOWAK, JR., APPELLANT.

Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — "Promoting numbers game, second offense" — Section 13064-1, General Code — Plea of guilty — Imposition of penitentiary sentence suspended — Probation granted — Subsequent referral to probation department — Hearing — Report of probation officer received — Disclosed defendant's association with numbers game operator — Right to cross-examine probation officer denied — Defendant's right to testify and offer evidence not violated — Represented by counsel — Probation vacated and sentence imposed — Minimum requirements of judicial inquiry — Inalienable rights — Fair trial — Sections 1 and 10, Article I, Constitution.

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., ZIMMERMAN, STEWART, MIDDLETON, TAFT, MATTHIAS and HART, JJ., concur.

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STATE v. NOWAK
(May 14, 1952)