Upton v. State

Nichols, Justice.

The defendant was indicted 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 that trials for alleged crimes be tried in the county where committed except in specified *835cases not involved in the present case. The…