
    2139.
    Carpenter v. The State.
    Indictment for keeping liquor, etc., from Jeff Davis superior court — Judge Parker. August 21, 1909.
    Argued October 6, —
    Decided October 13, 1909.
    
      Sidney D. Dell, H. A. King, for plaintiff in error.
    
      J. H. Thomas, solicitor-general, contra.
   Powell, J.

The evidence authorized a conviction. Ware v. State, ante, 578 (65 S. E. 333). The alleged newly discovered testimony was not of such a character as to require the granting of a new trial. Besides, there is no affidavit from the defendant as to diligence and lack of prior knowledge of the testimony. • Judgment affirmed.  