¶11. 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).
¶22. The assignments. of error of law are without merit, and the evidence fully supports the verdict.
¶3Judgment affirmed.