
    Tucker et al. v. The State.
    Argued May 17,
    Decided June 11, 1897.
    Indictment for murder. Before Judge Harris. Meriwretlier superior court. February term, 1897.
    
      J. R. Terrell and W. S. Howell, for plaintiffs in error.
    
      J. M. Terrell, attorney-general, and T. A. Atkinson, solicitor-general, contra.
   Fish, J.

1. The evidence, though conflicting, was sufficient to warrant the verdict, and the same having been approved by the trial judge, this court has no authority to set it aside.

2. Some of the newly discovered evidence-might, by proper diligence, have been known before the trial, and none of it was other than cumulative or impeaching in its character.

3. No cause for granting a new trial appears.

Judgment affirmed.

All the Justices concurring.  