
    No. 11,547.
    State of Louisiana vs. Gabe Jones.
    The accused appealed from the verdict and sentence refusing him a new trial on the ground of newly discovered evidence.
    Applications for new trials on this ground must be received with caution; there-was an absolute want of ordinary diligence on the part of accused.
    
      The court that sat on the trial, that heard the witnesses, had opportunity to form an opinion of the facts and attending circumstances, and having determined that the newly discovered evidence was cumulative, will not be overruled by this court.
    "The accused having applied for an order to examine witnesses on a day fixed, his failure to call witnesses that were within the process of the court add to reasons justifying refusal of a new trial. Examination of witnesses to provenewly discovered evidence was within the discretion of the trial judge. Citing, State vs. Washington, 36 An. 341; State vs. Beiard, 34 An. 105.
    APPEAL from the Criminal District Court, Parish of Orleans. Moise, J.
    
    
      M. J. Cunningham, Attorney General, and Jno. J. Finney, Assist•■ant District Attorney, for the State.
    
      Louis P. Paquet Attorney for Defendant and Appellant.
   The opinion of the court, affirming the judgment of the District ■Court, was deliveted by Breaux, J.  