SCALING v. STATE

No. 46244.

499 S.W.2d 318 (1973)

Henry Samuel SCALING, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

October 3, 1973.


Attorney(s) appearing for the Case

Lester L. May and Kenneth A. Herridge, Dallas, for appellant.

Henry Wade, Dist. Atty., and James B. Scott, Asst. Dist. Atty., Dallas, 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 misdemeanor offense of driving while intoxicated; the punishment was assessed by the jury at eighteen months in jail and a fine of $250.00.

Appellant contends that the trial court reversibly erred by failing to grant his motion for new trial based on alleged jury misconduct. The basis for this contention is that Section 7 of Article 40.03, and Article 40.04, Vernon's Ann.C.C.P., were violated...

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