
    Clayton v. The State.
    Submitted October 20,
    —Decided October 24, 1903
    Indictment for assault with intent to murder. Before Judge Holden. ‘ Washington superior court. May 23, 1903.
    
      J. A. Robson, for plaintiff in error,
    
      B. T. Rawlings, solicitor-general, contra.
   Simmons, C. J.

I, While the evidence was conflicting, the jury believed that for the prosecution, which was sufficient to support the verdict o£ guilty. The trial judge was satisfied with the verdict, and this court will not interfere with his discretion in refusing a new trial.

2. The newly discovered evidence was merely cumulative and impeaching in its character. Judgment affirmed.

All the Justices concur.  