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165 S.W. 579

North v. State

Court of Criminal Appeals of Texas

Decided March 18, 1914

Court of Criminal Appeals of Texas · decided 1914-03-18

<p>Criminal Law (§ 1097*) — Appeal — Statement op Facts — Necessity.</p> <p>Where defendant was arrested six months before trial, an objection that he was forced to trial without an attorney to represent him cannot be considered, in the absence of a statement of facts.</p> <p>[Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 2862, 2864, 2926, 2934, 2938, 2939, 2941, 2942, 2947; Dec. Dig. § 1097.*]</p>

Cited by 1 later decisions — most recently November 1915

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1914-03-18

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HARPER, J.

¶1Appellant was prosecuted and convicted of violating the local option law, and his punishment assessed at a fine of $65 and 60 days’ imprisonment in the county jail.

¶2The record before us contains neither statement of facts nor any bills of exception. In the motion for a new trial appellant complains that he was forced to trial without an attorney to represent him. The information in this ease was filed April 15, 1913. The case was called for trial December 23, 1913, more than six months after his arrest. While the right to be heard by counsel is a valuable right, and one that cannot be ruthlessly taken away, yet one charged with crime must usé due diligence to procure counsel to represent him. In the absence of a statement of facts, no question is presented we can review.

¶3The judgment is affirmed.

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