Judgment affirmed.
The court, in overruling the motion, announced that the defendant had not used proper diligence to have Oliver and Barfield subpoenaed, andthat the evidence showed they had not been subpoenaed; and for this reason overruled the motion. J. M. DuPree and J. ~W. Haygood, for plaintiff’ in error.
O. B. Hudson, solicitor-general, contra.