Texas Attorney General Opinion: M-1159 Page: 2 of 4
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Honorable K. Baker, page 2. (M-1159)
In Ex Parte Ambrose, 145 Tex.Crim. 582, 170 S.W.2d 731,
732 (1943), the appellant sought to excuse his failure to
file a statement of facts by saying that he filed an affidavit
of inability to pay for a transcript of the testimony but
the court reporter failed to furnish the statement of facts.
The Court thereupon overruled appellant's contention on the
ground that it did not appear:
". . . that the affidavit of inability to pay for
a transcript of the testimony was presented to the
trial judge or that an order was made by the trial
judge directing the court reporter to prepare, and
to furnish the appellant, a transcript of the testi-
mony.
"In order for an accused to avail himself of
the right to have the court reporter prepare a
transcript of the testimony because of his inability
to pay therefor, it is necessary not only that the
affidavit comply with the statute, Vernon's Ann.
C.C.P., Art. 760, sub division 6, but that it be
called to the attention of the trial court, and
the record must reflect. Fulton v. State, Tex.
Civ,App., 101 S.W.2d 251 (1937), and authorities
there cited."
In 1965, the Code of Criminal Procedure, including Arti-
cles 760 thereof, was revised, and the new Article 40,09
replaced the old Articles. In a Special Commentary there-
under, at pages 154-155 of Volume 5 of Vernon's Code of
Criminal Procedure, the Honorable John F. Onion, Jr., says,
in part:
"If a pauper's oath is filed to obtain a tran-
script of the court reporter's notes on appeal,
the court may conduct a hearing to determine
indigency. If the record is ordered on a pauper's
oath, the court reporter is to be paid in full
by the county."
This removed a thorn in the side of court reporters in crimi-
nal cases who many times got nothing at all under former
practice.-5651-
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Texas. Attorney-General's Office. Texas Attorney General Opinion: M-1159, text, June 8, 1972; (https://texashistory.unt.edu/ark:/67531/metapth270389/m1/2/?q=%221972%22: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.