
    7116.
    Hall v. The State.
    Decided April 17, 1916.
    Indictment for sale of liquor; from Ben Hill superior court— Judge George. November 16, 1915.
    
      George F. Gober, J. II. Dodgen, W. I. Heyward, for plaintiff in error.
    
      Joseph B. Wall, solicitor-general, contra.
   Wade, J.

1. It is immaterial whether, in overruling the ground of the motion for a new trial relating to alleged newly discovered evidence, the trial judge based his ruling upon his estimate as to the credibility and value of that evidence in the light of a counter-showing by the State, since the evidence was merely impeaching in character, and it is a well-settled rule that newly discovered evidence tending merely to impeach a witness for the State is not a sufficient cause for the grant of a new trial.

2. The evidence authorized the verdict, and the trial judge did not err in overruling the motion for a new trial.

Judgment affirmed.

Russell, O. J., absent.  