NICHOLS, Justice.
The defendant was indicted, tried and convicted of the offense of incest. Jurisdiction of such an appeal, the same not being a capital felony, is in the Court of Appeals and not this court. The jurisdiction of this court is sought to be invoked by numerous attacks upon the constitutionality of that portion of the Act of 1856 (Ga. L. 1855-6, pp. 229, 231) codified as the first question to be asked prospective jurors upon voir dire examination (
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