When no statement of facts is in the record, we are wholly unable to appraise the value of testimony set up in a motion for new trial as newly discovered. The relevance and materiality of such testimony was for the trial court who had before him the original facts given in testimony as well as those alleged to be newly discovered. He refused the new trial. We have no reason to believe that his discretion was abused.
The motion for rehearing is overruled.
Overruled. *Page 579