269 S.W. 795 | Tex. Crim. App. | 1925
Appellant is under conviction for remaining in a place where a game of cards was being played. Punishment is assessed at a fine of $25.
No statement of facts accompanies the record. Only one bill of exception appears therein. It is shown that when the case was called for trial on December 31st appellant by written motion advised the court that he had never been furnished with a copy of the information, had never waived the same, and asked that he then be furnished with such copy. The request was denied. In explaining his action the court says that the case was filed on the 24th day of September; that on the 15th day of October, same being the first day of the October term, appellant and his attorney were both present in court, on which date the case was set to be tried on the 23d day of October; that it was not tried on that date, and that on the 24th of November it was continued by operation of law to the December term of court; that on the first day of that term it was again set for trial for December 31st; that the motion requesting a copy of the information was not presented to the court until the last named *336 date. It does not appear from the court's explanation why the case was not tried on the 23d day of October.
Where a defendant is on bail and without request for a copy of the charge against him continues his case it has been held to be such waiver of his right to demand a copy that refusal of a subsequent request therefor will not be cause for reversal. Rice v. State, 49 Tex.Crim. Rep.;
Reversed. *337