UPTON v. STATE

27553.

229 Ga. 834 (1972)

195 S.E.2d 21

UPTON v. THE STATE.

Supreme Court of Georgia.

Decided December 4, 1972.


Attorney(s) appearing for the Case

Hodges & Oliver, G. Robert Oliver, for appellant.

Edward E. McGarity, District Attorney, for appellee.

Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Courtney Wilder Stanton, Assistant Attorney General, B. Dean Grindle, Jr., amicus curiae.


NICHOLS, Justice.

The defendant was indicated for the murder of his wife. He was convicted of involuntary manslaughter in the commission of an unlawful act and sentenced to five years imprisonment. The appeal is from the conviction. Jurisdiction of the appeal in the Supreme Court is based upon a judgment of the trial court refusing to declare a section of a venue statute (Code Ann. § 26-302 (c)) unconstitutional as conflicting with the constitutional requirement...

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