STATE v. DETTMER

Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — Assault with intent to commit rape — Indictment — Charge on intent — Evidence of intent — Similar act of accused involving person other than prosecuting witness — Occurring 20 months prior to offense charged — Section 13444-19, General Code — Charge to jury on statutory provisions — Jury instructed to disregard evidence two days after introduced — Reference to prior act in state's rebuttal after such instruction — Waiver of objection by questioning as to prior act — And not objecting to rebuttal — Fair and impartial trial.

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, BELL, WILLIAMS, TURNER, MATTHIAS and HART, JJ., concur.