The evidence, though clearly decidedly conflicting, warranted the verdict. Some of the alleged newly discovered evidence was evidently within the knowledge of the defendant ■at the time of the trial, and all of it might have been obtained before that time by the exercise of proper diligence. As a whole,. it would not probably change the result. Judgment affirmed.
B. T. Brock, T. J. Lumpkin and McGuichen & Shit-mate, for plaintiff in error. .W. Ü. &J. P.Jacoway, contra.