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WHITE v. STATE

No. 45865.

492 S.W.2d 281 (1973)

Gerdie WHITE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 21, 1973.

Attorney(s) appearing for the Case

Weldon Holcomb, Tyler, for appellant.

Curtis L. Owen, Dist. Atty., and John E. Trube, Asst. Dist. Atty., Tyler, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

ODOM, Judge.

This appeal is from a conviction for the offense of driving while intoxicated; punishment was assessed at three days in jail and a $50.00 fine.

Appellant's sole ground of error relates to the receiving of the jury verdict.

An agreed statement of facts, signed by the attorney for appellant and the district attorney, and approved by the trial judge, states in part as follows:

"The jury retired to deliberate its...

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