Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — Defense prevented from presenting constitutional question — Court of Appeals overruled motion for diminution of record — Motion not timely and essential elements not set forth — Section 11572-a, General Code — Defense counsel's affidavit accompanying new trial motion, not in bill of exceptions — Affidavit stated court instructed jury in jury room after retirement — And that defendant, prosecuting witness and counsel for both parties present — Right to public trial — Section 10, Article I, Constitution.
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 dismisesd.
WEYGANDT, C.J., MATTHIAS, HART, ZIMMERMAN, BELL, WILLIAMS and TURNER, JJ., concur.