UPTON v. STATE

47961.

128 Ga. App. 547 (1973)

197 S.E.2d 478

UPTON v. THE STATE.

Court of Appeals of Georgia.

Decided March 16, 1973.


Attorney(s) appearing for the Case

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

Edward E. McGarity, District Attorney, Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Courtney Wilder Stanton, Assistant Attorney General, B. Dean Grindle, Jr., for appellee.


DEEN, Judge.

1. The verdict was guilty of involuntary manslaughter in the commission of an unlawful act. The only unlawful act on which the court charged the jury was the offense of speeding, and as to this there is no evidence whatever except the fact that the wife was in fact injured when she hit the roadway and the fact that the defendant admitted he was going between 45 and 60, and the speed limit at that time of...

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