Cryer v. State

CHRISTIAN, Judge.

The offense is driving an automobile on a public highway while intoxicated; the punishment, confinement in the penitentiary for 18 months.

In his motion for new trial appellant alleged that the jury, after retiring to deliberate upon the case, received other testimony. The specific complaint is that, before the penalty .was determined, one of the jurors stated, in the presence and hearing of the jury, that appellant had been drunk on other occasions, and, further, that the transaction for which appellant was being tried was not his first offense. The testimony complained of…