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UNDERWOOD v. STATE

No. 10-91-222-CR.

829 S.W.2d 227 (1992)

Steven Wade UNDERWOOD, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

April 17, 1992.

Attorney(s) appearing for the Case

J. Dwight Carmichael, Whitney, for appellant.

Dale Hanna, County Atty., Cleburne, Bill J. Moore, Asst. Dist. and County Atty., Cleburne, for appellee.

Before THOMAS, C.J., and CUMMINGS and VANCE, JJ.

ORDER

THOMAS, Chief Justice.

Steven Underwood was tried before a jury for driving while intoxicated. He "rested" his case without calling any witnesses. After almost six hours of deliberations, the jury informed the court that it was "deadlocked." Underwood notified that court that he wanted to make a motion for a directed verdict. The court declared a mistrial. Underwood then moved for an directed verdict of an acquittal, claiming that the evidence was...

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