Gammel's Rules of the Courts of Texas Page: 59 of 70
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TEXAS COURT RULES.
59
115. The statement of facts must contain a full and complete
statement of all facts in evidence on the trial of the cause, including
copies of all papers, documents and exhibits adduced in evidence,
also the proof of venue and identification of defendant.
116. The transcript of the record, where defendant has been convicted
of a misdemeanor, must be delivered to the party appealing,
or his counsel, but if not applied for before the twentieth day before
the commencement of the term of the court of Criminal Appeals to
which the appeal is returnaNe, the clerk shall transmit the same by
mail, paying the postage thereon, to the clerk of the Court of Criminal
Appeals.
117. Transcripts of the record, where defendants have been convicted
of a felony, shall be prepared within twenty days after the
adjournment of the court, and sent by mail, postpaid to the clerk of
the Court of Criminal Appeals, at the branch to which the appeal is
returnable. But where the defendant or his counsel directs the
transcript to be sent to a branch of the court where the term is held
before the term to which the appeal is returnable by law, the clerk
shall so transmit it, and send with such transcript a certified copy of
such order or direction.
118. The clerk shall immediately after the adjournment of the
court at which appeals in criminal cases are taken, make out a
certificate under his seal of office, exhibiting a list of all such cases
where the defendant has appealed. This certificate shall show the
style of the cause upon the docket, the offense of which the defendant
stands convicted, the day on which the judgment was rendered,
and the day on which the appeal was taken, which list he shall
transmit to the Attorney General at Austin.
119. It shall be the duty of the district and county attorneys to
see that the judgments in criminal cases are properly entered by
the clerks, and, when practicable, they should be present when the
minutes are read.
GENERAL RULES.
1. Any supposed violation of the rules prescribed in the conduct
of a cause, to the prejudice of a party, may be reversed by bill of
exception, presented as a ground for new trial, and assigned as error
by the party who may conceive himself aggrieved by such supposed
violation.
2. The foregoing rules shall go into effect and be in force in all
of the courts of the State, to which they are applicable, from and
after this date (October 8, 1892); but shall not affect cases pending
in the Supreme Court at the time of the organization of the Courts
of Civil Appeals, which cases shall be controlled by the rules for the
government of the Supreme Court at the time the appeals in such
cases were perfected. Except as to such cases, all former rules are
hereby superseded.
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Moffett, James William. Gammel's Rules of the Courts of Texas, book, 1922; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth5836/m1/59/?rotate=270: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .