Byrd v. State

David Newbern, Justice.

Michael Wayne Byrd was convicted of driving while intoxicated, Ark. Code Ann. § 5-65-103 (Repl. 1993), in the Prairie Grove Municipal Court on May 17, 1993. He appealed his conviction to the Washington County Circuit Court, and in a de novo trial he was convicted on the basis of a verdict reached by a six-person jury. Mr. Byrd appealed to this Court, which, in an opinion announced on July 18, 1994, held unconstitutional the statute authorizing six-person juries, and reversed and remanded the case for a new trial. Byrd v. State, 317 Ark. 609, 879 S.W.2d 434 (1994). The…