Tooke v. State

Citations

• 23 Tex. Ct. App. 10
• 3 S.W. 782
• 1887 Tex. Crim. App. LEXIS 27

Syllabus

<p>1: Constitutional Law.—Section 10 of the Bill of Rights of the Constitution of this State guarantees to a person accused of crime the right to be heard in person and by counsel, etc. That section, however, has reference exclusively to the trial in the nisi prius court, and can not be stretched to confer upon a person convicted of crime, and confined in jail, pending his appeal to this court, the right to be brought personally before this court to be heard in person upon his appeal. See the opinion in extenso upon the question.</p> <p>2. Practice in This Court—Appearance.—Moreover, the statutes of this State (Code Crim. Proe., arts. 840 and 841) dispenses with the appearance before the Court of Appeals of a person appealing from a criminal conviction, if he be confined in jail, and requires the confinement in jail, pending appeal, of any person convicted of a felony.</p>