
    11970.
    Foy v. The State.
    Decided January 25, 1921.
    Accusation of larceny from house; from city court of Statesboro — Judge Proctor. October 21, 1920.
    
      Anderson & Jones, Deal Benfroe, for plaintiff in error.
    
      H. M. Jones, solicitor, contra.
   Broyles, C. J.

1. “ The evidence in support of the defense of alibi was not of such clear and strong probative value as to require a charge upon the law of alibi, especially in the absence of a timely and appropriate written request therefor. ” Throckmorton v. State, 23 Ga. App. 112 (3) (97 S. E. 664); Gadlin v. State, 13 Ga. App. 660 (79 S. E. 751).

2! The evidence was sufficient to authorize a finding that it excluded every reasonable hypothesis save that of the defendant’s guilt, and the court did not err in refusing to grant a new trial.

Judgment affirmed.

Lulce and Bloodworth, JJ., eonour.  