Scaling v. 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 when the jury received additional testimony after having retired to deliberate their verdict.

Article 40.03, Sec. 7, V.A.C.C.P., provides that a…