# Douglas v. State

> Court of Criminal Appeals of Texas · May 24, 1911 · 62 Tex. Crim. 599

URL: https://www.frixlaw.com/law-library/cases/3906778

## Case

- **Full name:** Mrs. J. E. Douglas v. the State
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** May 24, 1911
- **Citations:** 62 Tex. Crim. 599; 138 S.W. 885; 1911 Tex. Crim. App. LEXIS 343
- **Precedential status:** Published
- **Opinion:** Addendum by Harper
- **Judges:** Harper
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3906778

## Opinion text

ON REHEARING.
June 21, 1911.
HARPER, Judge.
Appellant has filed a motion for rehearing, and asks that this court reverse this case because appellant has been deprived of a statement of facts through no negligence of appellant or her attorneys. As stated in the original opinion, appellant prepared a statement of facts and delivered it to the county attorney. Appellant was told that it had been filed. Appellant’s counsel never signed the statement of facts themselves, nor is the county judge’s signature affixed thereto. It is not shown that appellant’s counsel ever authorized or requested the county attorney to sign their names to the statement of facts. They never presented a statement of facts to the county judge, but relied on another to do so for them. This is not such diligence as the law requires. Appellant’s counsel must have known that the statement of facts must bear their signature, unless there was a disagreement between them and the county attorney, when it would have been appellant’s duty to present to the judge a statement of facts. Hess v. State, 30 Texas Crim. App., 477.
The motion for rehearing is overruled.
Overruled.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3906778. Public record. Not legal advice.