
    13087.
    Durrence v. The State.
    Decided March 7, 1922.
    Accusation of possessing liquor; from city court of Blackshear — Judge Mitchell. October 22, 1921.
    
      Eldon L. Bowen, for plaintiff in error.
    
      S. Thomas Memory, solicitor, contra.
   Luke, J.

Upon conflicting evidence the jury were authorized to convict the accused of having violated the prohibition law as charged.

The ground of the motion for a new trial, based upon alleged newly discovered evidence, falls squarely within the rules that where such evidence is merely cumulative and impeaching, and would not likely produce a different result upon another trial, it does not require a new trial. Judgment affirmed.

Broyles, C. J., and Bloodworth, J., concur.  