
    5113.
    Gadlin v. The State.
    Decided October 28, 1913.
    Indictment for larceny; from Ben Hill superior court — Judge George. June 30, 1913. '
    
      J. A. Griffin, D. E. Griffin, for plaintiff in error.
    
      J oseph B. Wall, solicitor-general, contra.
   Russell, J.

1. The evidence as to alibi not being such as to exclude the possibility of the defendant’s presence at the time of the commission of the offense, and there being no request for an instruction upon the subject, the failure to charge on the defense of alibi did not require a new trial.

2. The remaining assignments of error are without merit, and the verdict of the jury, approved by the trial judge, will not be disturbed.

Judgment affirmed.  