Trammell v. State

Citations

• 1 Tex. Ct. App. 121

Syllabus

<p>1. Due Course oe Law.—Convicted of a capital offense, appellant gave notice of appeal, and his counsel submitted a statement of facts to the •district judge, but not to the district attorney, who had departed from the •court without leaving a statement of facts. The judge declined to approve •appellant’s statement of facts, because not full and not agreed to by the •district attorney, and also certified his own inability, for want of time and ■other causes, to make out a correct statement of the facts. Held, that without fault of the appellant he has been deprived of a right accorded to him by law, and necessary to the prosecution of his appeal, wherefore the judgment is reversed and the cause remanded for a new trial.</p> <p>2. Practice.—In case a district judge cannot approve statements of facts submitted to him by the parties, he should, if necessary, keep his court open its full limit, for the purpose of perfecting a statement of his own, and in the preparation of which he can require the aid of attorneys who conducted the trial, even though they acted under appointment of the court.</p> <p>3. Same.—In view of the duties imposed by law on district judges, this court commends to them the practice of taking notes of the evidence in cases of importance.</p> <p>4. Consult the Opinion in this case in regard to the duties of judges and attorneys in the district courts, affecting the right of appeal guaranteed by the constitution of the state.</p>