Napier v. State

MORRISON, Presiding Judge.

The offense is driving while intoxicated as a second offender; the punishment, 21/2 years in the penitentiary.

The sufficiency of the evidence to sustain the conviction is not challenged. We have however, reviewed the same and find that it amply supports the verdict. The sole question presented for review is alleged jury misconduct. At the hearing on the motion, it was established that after the jury had agreed upon the guilt of the appellant and while they were considering the question of punishment, the foreman told his fellow jurors that if they assessed the…