CROSS v. STATE

No. 2-81-033-CR.

627 S.W.2d 257 (1982)

Kenneth Franklin CROSS v. The STATE of Texas.

Court of Appeals of Texas, Fort Worth.

January 20, 1982.


Attorney(s) appearing for the Case

Gary P. Patton, Denton, for appellants.

Jerry Cobb, Dist. Atty., and Bruce F. Baxter, Asst. Dist. Atty., Denton, for appellees.

Before HUGHES, JORDAN and BROWN, JJ.


OPINION

HUGHES, Justice.

Kenneth Franklin Cross has appealed his second conviction for driving while intoxicated. He received a sentence of five years in the Texas Department of Corrections.

We reverse and remand.

The jury returned its verdict of guilty on January 9, 1979. Ten days later the appellant filed a sworn motion for new trial alleging, inter alia, jury misconduct. Attached to the motion for new trial were two affidavits&...

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