1. The only special ground of the motion for a new trial complains of the refusal of the court to give to the jury a certain requested charge. “In order that this court may consider an exception to the judge’s refusal to give a request to charge, it must appear not only that it was in writing, but also that it was tendered to the court before the jury retired ‘to consider their verdict.’ ” Shirley v. State, 5 Ga. App. 611 (2) (63 S. E. 583); Penal Code (1910), § 1087. It does not so appear in this ground.

2. No error of law appearing, this court will not disturb a verdict where there is evidence to support it, as there is in this case, and where it is approved by the trial judge.

Judgment affirmed.