The request to charge which the court refused was substantially covered in the general charge ; the newly discovered evidence was merely cumulative, and it does not appear probable that, if it had been introduced upon the trial, a different verdict would have been rendered ; the evidence, as a whole, fully warranted the verdict; consequently, there was no abuse of discretion in overruling the motion for a new trial.
Judgment affirmed.
All the Justices concurring.