State v. Caylor

In the circuit court the trial judge held that the following excerpt from section 4491 of the Code of 1923 was in violation of section 6, art. 1, of the Constitution of 1901, to wit;

“Any offense under this chapter shall he held to have been committed in any county in which such wife, child, or children, may be at'the time such complaint is made,”

—and, on the agreed statement of facts that defendant lived in Bullock county and the wife lived in Montgomery county, discharged the defendant.

-We have read with much care the brief of counsel for appellee, but we fail to see any distinction in,…