Bearden v. State

OPINION

MILLER, Judge.

This is an appeal from a misdemeanor conviction for driving while intoxicated; the punishment is three days confinement and a $200 fine.

The sufficiency of the evidence is not challenged. In his first ground of error, appellant contends that the trial court erred in overruling his motion for new trial because of jury misconduct.

On July 16 and 17, appellant was tried before a jury for the misdemeanor offense of driving while intoxicated. The jury convicted him and appellant elected to have the court set punishment. On July 26, 1979, appellant filed an original motion for…