
    8462.
    Shephard v. The State.
    Decided April 21, 1917.
    Conviction of assault and battery; from Jeff Davis superior court—Judge Highsmith. .December 37, 1916.
    
      8. D. Dell, for plaintiff in error.
    
      A. V. Sellers, solicitor-general, contra.
   Luke, J.

1. The newly discovered evidence was merely cumulative and impeaching in its character. Penal Code, § 1088.

2. The jury were the judges of the facts, and there was evidence upon which they could have found the verdict of guilty.

Judgment affirmed.

Wade, O. J., and George, J., concur.  