
    12642.
    Shannon v. The State.
    Decided November 16, 1921.
    Indictment for adultery and fornication; from Pike superior court — Judge Searcy. June 4, 1931.
    
      F. L. Adams, for plaintiff in error.
    
      E. M. Owen, solicitor-general, contra.
   Bloodworth, J.

1. The only special ground of the motion for a new trial is based upon alleged newly discovered evidence, but no affidavits of movant, counsel, or witnesses are produced, as required by § 6086 of the Civil Code of 1910, and therefore this ground of the motion is so defective that it cannot be considered.

2. The jury passed upon the facts in a trial where no error of law has been pointed out; their verdict was not disturbed by the trial judge and cannot be by this court.

Judgment affirmed.

Broyles, C. J., and Luke, J., concur.  