
    30399.
    Wise v. The State.
    Decided February 1, 1944.
    IF. E. Watkins, Benjamin B. Garland, for plaintiff in error.
    
      Frank B. Willingham, solicitor-general, contra.
   Broyles, C. J.

The defendant was tried for .murder and convicted of voluntary manslaughter. The evidence connecting the accused with the • offense of manslaughter was not wholly circumstantial, and' therefore the failure of the court' to instruct the jury on the law of circumstantial evidence, in the absence of á written request for such' a" charge, was not error. ' The main defense’of the accused was an alibi. The court correctly charged the law' of alibi, and under the evidence sübmitted, the jury were authorized to find against that defense.

The verdict was authorized by the evidence. None of the special grounds of the motion for new trial show cause for another trial.

Judgment affirmed.

MacIntyre and Gardner, JJ., concur.  