Noe v. State

WOODLEY, Judge.

*484The conviction is for driving an automobile upon a public highway while intoxicated; the punishment, 3 days in jail and a fine of $200.

The facts need not be discussed. Suffice it to say that the issue of appellant’s intoxication was closely contested.

The trial court instructed the jury: “In your deliberations you should not attempt to arrive at a verdict by lot or chance or by a ballot as to the particular punishment each juror is in favor of assessing and then dividing same by the number of six, or in any manner other than a fair consideration of the law and evidence.”

The…