Weatherby v. State

Broyles, C. J.

1. The alleged newly discovered evidence upon which the amendment to the motion for a new trial was based is merely cumulative and impeaching in character, and is not such evidence as would probably cause a different verdict upon another trial of the case.

2. The verdict was amply authorized by the evidence, and the court did not err in refusing to grant a new trial.

Judgment, affirmed.

Luke and Bloodworth, concur.