Johnson v. State ( 1917 )

Luke, J.

The evidence as to the guilt of the accused was conflicting, but the jury trying the case were properly instructed by the court, and returned a verdict of guilty. The newly discovered evidence was cumulative in its character, and, the trial judge having approved the verdict, and there being some evidence to authorize the conviction, this court will not disturb the judgment overruling the motion for a new trial.

Judgment affirmed.

Wade, O. J., and George, J., eonour.