Torres v. State

The denial to a defendant of a right which is expressly given him by statute is prejudicial error of and within itself.

If the rights expressly given to and conferred upon a defendant by the statute law of this state are to be denied and withheld at the option and will of the courts, trial by and according to law can not exist.

In connection with and as a part of his motion for a new trial, appellant filed his pauper’s affidavit as authorized by Art. 759a, Sec. 5, Vernon’s C. C. P., showing that he was unable to pay for a transcript of the facts and asking that he be furnished a statement of…