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STATE v. HOWELL

No. 05-93-00813-CR.

871 S.W.2d 237 (1993)

The STATE of Texas, Appellant, v. Donnie Cleon HOWELL, Appellee.

Court of Appeals of Texas, Dallas.

December 16, 1993.

Attorney(s) appearing for the Case

F. Duncan Thomas and D. Robert Smith, Greenville, for appellant.

Jerry Spencer Davis, Greenville, for appellee.

Before THOMAS, OVARD and BARBER, JJ.

OPINION

THOMAS, Justice.

The issue presented by this appeal is whether a trial court that suspects possible jury misconduct can dismiss a cause of action without the prosecutor's consent. We hold a trial court does not have such authority. Accordingly, we reverse the trial court's dismissal order.

PROCEDURAL BACKGROUND

Donnie Cleon Howell was charged by indictment with felony driving while intoxicated...

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