
    Brown v. The State.
    Submitted December 1, 1906,
    Decided January 15, 1907.
    Indictment for assault and battery. Before Judge Geiger. City court of Mount Vernon. October 9, 1906.
    
      William B. Kent, for plaintiff in error.
    
      W. M. Lewis, solicitor, contra.
   Lumpkin, J.

1. The evidence supported the verdict.

2. The newly discovered evidence was cumulative or impeaching; no sufficient reason appears why most, if not all, of it was not, or could not,, by the exercise of due diligence, have been known to the accused before-the trial; and no reason appears for granting a new trial.

Judgment affirmed.

All the Justices concur, except Fish, O. J., absent-  