Kingston v. State

MORRISON, Judge.

The offense is driving while intoxicated as a second offender; the punishment, two years in the Department of Corrections.

*753In view of our disposition of this case a recitation of the facts will be deemed unnecessary. Attached to appellant’s motion for new trial is the affidavit of Juror Patton, who swore that during their deliberations as to the punishment to he assessed, “at least one juror was very strong for giving the defendant one year in the State Penitentiary. * * * We had quite a bit of discussion on the matter and finally I believe all of us on the jury would have…