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THE STATE OF OHIO, APPELLEE v. SMITH, APPELLANT.

Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — Nonsupport of minor children — Section 1639-46, General Code — Husband obtained divorce for adultery and gross neglect — Divorce decree found husband not father of children — Care of minors certified to Juvenile Court — Juvenile judge refused to admit divorce decree in evidence — Found husband guilty of neglect and nonsupport of children — Juvenile judge acted while proceeding pending before assigned judge — Sentence enforced although imposed four years before and suspended.

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.

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STATE v. SMITH
(Jan 10, 1945)