
    Callahan vs. State.
    Keeping open Tippling Houses on Sunday, from Chatham. Criminal Law. New Trial. (Before Judge Adams.)
    P. J. O’Connor, by brief, for plaintiff in error.
    F. G. DuBignon, solicitor general, by brief, for the Stats.
   Blandford, J,

Where a motion for new trial was made on the ground of newly discovered evidence, and it did not appear that due diligence was exercised to procure the evidence at the trial, and the newly discovered evidence was negative in its character and effect, and was cumulative and tended only fo impeach a witness for the State, a new trial was properly refused.

Judgment affirmed.  