
    2163.
    Rucker v. The State.
    Accusation of assault and battery, from city court of Cordele — ■ Judge Strozier. September 7, 1909.
    Argued October 25,
    Decided November 9, 1909.
    
      W. B. Dorris, for plaintiff in error.
    
      M. M. Bakes, solicitor, contra.
   Hiel, O. J.

1. Tlie first ground of tlie amended motion for a new trial is not verified by tlie trial court, and therefore will not be considered.

2. The trial judge did not abuse his discretion in refusing to grant a new trial because of the alleged newly discovered testimony, the testimony being both cumulative and impeaching.

3. No error appears, and the verdict is supported by the evidence.

Judgment affirmed.  