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KINGSTON v. STATE

No. 38151.

390 S.W.2d 752 (1965)

George A. KINGSTON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 9, 1965.

Attorney(s) appearing for the Case

John W. O'Dowd, Houston, for appellant.

Frank Briscoe, Dist. Atty., Carl E. F. Dally, W. Louis White and Joe Shaffer, Asst. Dist. Attys., Houston and Leon B. Douglas, State's Atty., Austin, for the State.

MORRISON, Judge.

The offense is driving while intoxicated as a second offender; the punishment, two years in the Department of Corrections.

In view of our disposition of this case a recitation of the facts will be deemed unnecessary. Attached to appellant's motion for new trial is the affidavit of Juror Patton, who swore that during their deliberations as to the punishment to be assessed, "at least one juror was...

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