Rules for the courts of Texas: adopted by order of the Supreme Court at Tyler on the first day of December, A.D. 1877: together with amendments thereto at various times up to the close of the Austin term, A.D. 1890 Page: 47 of 64
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OF THE STATE OF TEXAS.
116. 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.
117. 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 Appeals
to which the appeal is returnable, the clerk shall transmit
the same by mail, paying the postage thereon, to the clerk of the
Court of Appeals.
118. 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, post paid, to the
clerk of the Court of 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.
119. 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.
120. 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.
121. Any supposed violation of the rules prescribed in the
conduct of a cause, to the prejudice of a party, may be reserved
by bill of exception, presented as a ground for new trial, and as
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Morse, Charles S. Rules for the courts of Texas: adopted by order of the Supreme Court at Tyler on the first day of December, A.D. 1877: together with amendments thereto at various times up to the close of the Austin term, A.D. 1890, book, 1890; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth5830/m1/47/: accessed October 21, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .