Tadlock v. State

ON MOTION FOR REHEARING.

HAWKINS, Presiding Judge.

Appellant insists that we were in error in disposing of his bystanders’ bill of exception.

The record reveals that the trial judge declined to approve appellant’s bill, and appellant declined to accept a proposed qualification, whereupon the court prepared his own bill. Appellant then prepared and filed his bystanders’ bill.

Art. 667 C. C. P. (1925) provides that “the rules prescribed in civil suits” for preparing bills of exception shall be followed in criminal cases. Subdivision 9, Art. 2237 R. C. S. (1925) provides as follows:

*322“Should the party…