
    4290.
    Strickland v. The State.
    Decided August 6, 1912.
    Accusation of sale of liquor; from city court of Statesboro— Judge Strange. June 1, 1912.
    
      J. F. Brannen, J. J. E. Anderson, for plaintiff in error.
    
      Fred T. Lanier, solicitor, contra.
   Hill, C. J.

1. In the absence of a timely written request, the failure to. instruct the jury on a theory of the defense, dependent alone on the statement of the accused to the jury, is not error. Jordan v. State, 9 Ga. App. 578 (71 S. E. 875).

2. The assignments. of error of law are without merit, and the evidence fully supports the verdict.

Judgment affirmed.

Russell, J., absent because of illness.  