
    Whitehead v. The State.
    Argued October 15,
    Decided November 7, 1906.
    Indictment for burglary. Before Judge Little. Muscogee superior court. July 16, 1906.
    
      D. L. Parmer, for plaintiff in error.
    
      S. P. Gilbert, solicitor-general, contra.
   Lumpkin, J.

1. There was no abuse of discretion on the part of the court in admitting evidence of certain inculpatory statements made by the defendant, over objection on the ground that they were not in rebuttal. The reopening of a case for additional evidence is largely a matter of discretion with the presiding judge.

2. The evidence warranted the verdict of guilty, and there was no error in overruling the motion for a new trial.

Judgment affirmed.

All the Justices concur.  