BEARDEN v. STATE

No. 64148.

648 S.W.2d 688 (1983)

Bobby Ray BEARDEN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

April 13, 1983.


Attorney(s) appearing for the Case

William B. Smith, on appeal only, Midland, for appellant.

Leslie C. Acker, County Atty., Midland, Robert Huttash, State's Atty., and Alfred Walker, Asst. State's Atty., Austin, for the State.

Before the court en banc.


OPINION

MILLER, Judge.

This is an appeal from a misdemeanor conviction for driving while intoxicated; the punishment is three days confinement and a $200 fine.

The sufficiency of the evidence is not challenged. In his first ground of error, appellant contends that the trial court erred in overruling his motion for new trial because of jury misconduct.

On July 16 and 17, appellant was tried before a jury for the misdemeanor offense of driving...

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