NAPIER v. STATE

No. 29894.

314 S.W.2d 102 (1958)

J. B. NAPIER, Jr., Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 11, 1958.


Attorney(s) appearing for the Case

Webb, Schulz & Stokes, Abilene, by Aubrey D. Stokes, San Angelo, for appellant.

E. C. Grindstaff, Dist. Atty., San Angelo, and Leon B. Douglas, State's Atty., Austin, for the State.


MORRISON, Presiding Judge.

The offense is driving while intoxicated as a second offender; the punishment, 2½ years in the penitentiary.

The sufficiency of the evidence to sustain the conviction is not challenged. We have, however, reviewed the same and find that it amply supports the verdict. The sole question presented for review is alleged jury misconduct. At the hearing on the motion, it was established that after the jury had agreed upon the guilt...

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