Vowell v. State

MORRISON, Judge.

The offense is driving while intoxicated; the punishment, a fine of $300.00.

No contention is made that the evidence is insufficient to support the conviction.

Appellant’s two bills of exception deal with the failure of the court to grant his motion for a new trial based upon what is alleged to have transpired within the jury room.

It will be noted that to this motion is attached the affidavit of appellant stating that the matters set forth therein are true to the best of his knowledge and belief.

In Vyvial v. State, 111 Tex. Cr. R. 111, 10 S. W. (2d) 83, we held that where the…