# Harwell v. State

> Court of Criminal Appeals of Texas · June 7, 1944 · 147 Tex. Crim. 505

URL: https://www.frixlaw.com/law-library/cases/3939729

## Case

- **Full name:** John Richard Harwell v. the State
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** June 7, 1944
- **Citations:** 147 Tex. Crim. 505; 182 S.W.2d 713; 1944 Tex. Crim. App. LEXIS 1014
- **Precedential status:** Published
- **Opinion:** Addendum by Davidson
- **Judges:** Graves, Davidson
- **Cited by:** 4 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/3939729

## Opinion text

ON MOTION FOR REHEARING.
DAVIDSON, Judge.
*508
The State insists that appellant was able to pay for the ■ statement of facts and that the evidence heard upon that issue was sufficient to warrant the trial court in so concluding. .
As pointed out originally, the making of the affidavit required by Art. 760, Sec. 6, C. C. P., fixed appellant’s rights to a statement of facts and the trial court was without authority to entertain a challenge of the facts therein sworn to.
The wisdom of legislation is for the legislature — not the courts. '
The State’s motion for rehearing, is overruled.
The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3939729. Public record. Not legal advice.