
    Surles v. The State.
    Submitted February 15,
    Decided March 3, 1904.
    Indictment for assault and battery. Before Judge Freeman. City court of Newnan. December "26, 1903.
    
      A. H. Freeman and W. C. Wright, for plaintiff in error.
    
      W. G. Post, solicitor, and W. I. Stallings, contra.
   Pish, P. J.

The accused was convicted of .assault and battery. The evidence fully authorized the verdict. The newly discovered evidence, even if true, showed no justification for the battery. The discretion of the trial judge in refusing to grant a new trial will not be interfered with.

Judgment affirmed.

All the Justices concur, except Simmons, C. J., absent.  