George v. State

Citations

• 25 Tex. Ct. App. 229
• 8 S.W. 25
• 1888 Tex. Crim. App. LEXIS 46

Syllabus

<p>1. Practice—Statement of Pacts.—A statement of facts, to be sufficient, must be approved by the trial judge and filed in the trial court either in term time, or, under an order of court, duly entered, within ten days after the adjournment of the court. This rule, however, has been so far qualified as that when the statement of facts is filed after the times specified, and the appellant shows to the satisfaction of this court that he has used due diligence to secure the approval of the trial judge and the filing of the same within the period prescribed, and that his failure was not the fault of himself or his attorney, but was the result of causes beyond his control, the said statement will he received as a part of tin-record in the cause, and will be considered on appeal. See the original opinion and the opinion on rehearing for circumstances held not to bring the statement of facts tendered in this ease within this rule.</p> <p>'2. Same—Bills of Exception.—A party objecting to any ruling of the trial court should except to the same at the time, and, if he asks it, time should he given him in which to embody his exception in a written bill. Refusal to grant such time, if prejudicial to the party, would he reversible error. But, to bring before this court the refusal of the trial court to grant time for the preparation of the bill, exception to such action should be promptly taken, and if the court refuses the bill, the partv should appeal to the bystanders. Note that in this case this rule w¡ s not observed.</p>