Dixon v. State

Full title: DIXON v. THE STATE

Court: Court of Appeals of Georgia

Date published: Jun 13, 1979

257 S.E.2d 387 (Ga. Ct. App. 1979)

150 Ga. App. 305

Opinion

57782.

SUBMITTED MAY 7, 1979.

DECIDED JUNE 13, 1979.

Involuntary manslaughter. Fulton Superior Court. Before Judge Williams.

Stanley H. Nylen, for appellant.

Lewis R. Slaton, District Attorney, Joseph J. Drolet, R. David Petersen, Assistant District Attorneys, for appellee.

DEEN, Chief Judge.

Defendant was tried by a jury, convicted of involuntary manslaughter, and sentenced to serve five years in a state penitentiary. He brings this appeal from the denial of his amended motion for a new trial.

1. As the jury is the sole judge of the credibility of witnesses, this enumeration is without merit. Stewart v. State, 128 Ga. App. 11 ( 195 S.E.2d 251) (1973).

2. Proof of venue, though slight, is sufficient where there is no conflicting evidence. Casey v. State, 133 Ga. App. 161 ( 210 S.E.2d 375) (1974). The evidence was sufficient to establish venue in Fulton County.

Judgment affirmed. Birdsong and Carley, JJ., concur. Shulman, J., not participating.

SUBMITTED MAY 7, 1979 — DECIDED JUNE 13, 1979.