
    13515.
    Smith v. The State.
    Decided June 13, 1922.
    Conviction of assault with intent to rape; from Laurens superior court — Judge Kent. February 25, 1922.
    
      John W. Thomas, for plaintiff in error.
    
      F. L. Stephens, solicitor-general, contra.
   Luke, J.

The conviction of the defendant was fully authorized by the evidence.

The assignment of error upon the court’s failure to continue the case is without merit.

The newly discovered evidence falls within the rule that it is merely impeaching and would not likely produce a different result upon another trial.

The defendant has had a legal trial, and it was not error to overrule the motion for a new trial.

Judgment affirmed.

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