Powell, J.
1. The verdict is authorized by the evidence.
2. 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 of their verdict.” Judgment affirmed.
Submitted January 26,
W. S. Paris, for plaintiff in error.
W. A. Charters, solicitor-general, contra.