
    Windom v. The State.
    Argued October 22,
    Decided November 5, 1901.
    Indictment for burglary. Before Judge Harris. Carroll superior court. April term, 1901.
    
      W. D. Hamrick and Oscar Reese, for plaintiff in error.
    
      T. A. Atkinson, solicitor-general, and W. F. Brown, contra.
   Fish, J.

The request to charge which the court refused was substantially covered in the general charge ; the newly discovered evidence was merely cumulative, and it does not appear probable that, if it had been introduced upon the trial, a different verdict would have been rendered ; the evidence, as a whole, fully warranted the verdict; consequently, there was no abuse of discretion in overruling the motion for a new trial.

Judgment affirmed.

All the Justices concurring.  