
    12115.
    Rozier v. The State.
    Decided April 13, 1921.
    Conviction of manslaughter; from Banks superior court — Judge Cobb. December 17, 1920.
    
      G. P. Martin, 8am Jolley, P. Cooley, for plaintiff in error..
    
      W. O. Dean, solicitor-general, K. C. Stark, contra,
   Bloodworth, J.

1. The special ground of the motion for a new trial based upon newly discovered evidence was properly overruled. A part of this evidence was impeaching in its nature; the remainder was cumulative and not of such character as would likely produce a different verdict should a new trial be granted. See Park’s Penal Code, § 1088, and citations under the catchwords “Cumulative,” “Impeaching,” pp. 752-3, 755.

2. The verdict is supported by evidence and has the approval of the trial judge, and it was not error to overrule the motion for a new trial.

Judgment affirmed.

Broyles, O. J., and Luke, J., concur.  