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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