
    Drane v. The State.
    Argued February 17,
    Decided March 25, 1908.
    Indictment for murder. Before Judge Martin. Talbot superior court. December SI, 1907.
    
      McGehee & McGehee, for plaintiff in error. John O. Hart, attorney-general, and S. P. Gilbert, solicitor-general, contra.
   Evans, P. J.

1. This court will not reverse a judgment refusing a new' trial on the ground of newly discovered evidence, where such evidence1 is only cumulative and impeaching, and of such character that it would not constrain a different verdict.

2. The evidence was sufficient to support the verdict.

Judgment affirmed.

All the Justices concur.  