Durrence v. State

Luke, J.

Upon conflicting evidence the jury were authorized to convict the accused of having violated the prohibition law as charged.

The ground of the motion for a new trial, based upon alleged newly discovered evidence, falls squarely within the rules that where such evidence is merely cumulative and impeaching, and would not likely produce a different result upon another trial, it does not require a new trial. Judgment affirmed.

Broyles, C. J., and Bloodworth, J., concur.