Vorwerk v. State

SHANNON, Chief Justice.

Appellant, Harvey Ray Vorwerk, seeks to set aside the judgment of conviction of driving while intoxicated. Judgment was rendered after a jury trial in the county court at law of Williamson County. The court assessed punishment at confinement for ninety days and a fine of $2,000.00, but imposition of sentence was suspended and appellant was placed on probation. This Court will reverse the judgment.

Appellant complains, in general, that the court erred in overruling his motion for new trial based on jury misconduct. Specifically, appellant asserts that one of the jurors,…