STATE v. PALMIERI

Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — Improper remarks by counsel in opening statement — Section 13443-18, General Code — Juror withdrawn and later trial held — Double jeopardy.

It is ordered and adjudged that said appeal as of right be, and the same hereby is, dismissed for the reason no debatable constitutional question is involved in said cause.

Appeal dismissed.

WEYGANDT, C.J., DAY, ZIMMERMAN, WILLIAMS, MATTHIAS and HART, JJ., concur.