McGary v. State

VANCE, Justice.

Appeal is from a jury conviction for driving while intoxicated. Punishment was assessed by the Court at confinement in the county jail for ten days, and imposition of a $250.00 fine. Appellant in his sole ground of error contends that the trial court erred in denying his motion for new trial based upon jury misconduct. We agree. Consequently, we reverse and remand.

The record indicates that the trial was concluded on December 10, 1981. The appellant filed a Motion for New Trial on December 11, 1981. A hearing on the Motion for New Trial was held on December 17, 1981. The Motion…