McDuff v. State

Citations

• 4 Tex. Ct. App. 58

Syllabus

<p>1. Waiver—Privilege of Counsel. — In general, a person may do by attorney whatever he may personally do in his own right, and this general rule is applicable to attorneys appointed by court to represent a defendant in a criminal cause; but in no criminal case can the attorney absolutely bind the client by an act which is both prejudicial to the client’s rights and in contravention of the general principles of law.</p> <p>2. Same — Case stated. —Without the knowledge of a defendant charged with felony, attorneys appointed to defend him waived a copy of the indictment against him, and soon afterwards, with consent of the court, abandoned the case, on the ground that they were so prejudiced against the defendant that they could not justly defend him. Another attorney being appointed, he demanded a copy of the indictment, which, because of the waiver by the first attorneys, the court refused to order. Held, that the waiver was not binding on the defendant, and it was error to force him to trial without conceding the demand for a copy of the indictment.</p> <p>3. Sebvice of Copy of the Indictment.—In every criminal case, if demanded, and in a felony case without demanding it, the defendant is entitled to service of a copy of the indictment against him, unless he has expressly waived the right to it. If the record is silent on the subject, the presumption is that the law was complied with in this respect.</p>