
    Evans v. The State.
    No. 2479.
    April 14, 1921.
    Indictment for murder. Before Judge Thomas. Thomas superior court. February 10, 1921.
    
      J. M. Austin and W. H. Hammond, for plaintiff in error.
    
      B. A. Denny, attorney-general, G. E. Hay, solicitor-general, and Graham Wright, contra.
   Gilbert, J.

1. There was no evidence in the case requiring or authorizing a charge upon the subject of voluntary manslaughter, and the failure of the court to charge upon that subject was not error.

2. Even if the statement of the accused authorized a charge upon the ' subject of voluntary manslaughter, there was no request in writing to so charge; and in the absence of a written request -the court was not bound to present a theory of the case based solely upon the statement. Felder v. State, 149 Ga. 538 (101 S. E. 179).

3. The verdict is supported by • evidence; and this ' is conceded in the’ brief of the plaintiff in error. The court did not err in overruling the motion for a new trial.

Judgment affirmed.

All the Justices concurs  