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THE STATE OF OHIO, APPELLEE v. McNARY ET AL., MILLS, APPELLANT. REPORTER'S NOTE: For former opinions in proceedings arising from this joint indictment, see State

Supreme Court — Dismissals — No debatable constitutional question involved — Criminal law — Deprivation of speedy trial and denial of due process — Section 10, Article I, Constitution — Article XIV, Amendments to U.S. Constitution — Defendant waived jury trial on first joint indictment — Second joint indictment returned after error proceedings by co-defendant adjudicated — Nolle prosequi entered on first indictment but discharge denied to defendant — Appeal dismissed by Court of Appeals — Overruling application for discharge not final order.

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

Appeal dismissed.

WEYGANDT, C.J., STEPHENSON, WILLIAMS and ZIMMERMAN, JJ., concur.

JONES, J., not participating.

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STATE v. McNARY
(Oct 7, 1936)