Bradley v. State

The majority still follows the rule in Barrientez v. State, 500 S.W.2d 474 (Tex.Cr.App.1973). In that case this Court held that a trial judge in a revocation of probation hearing may take judicial notice of testimony offered at a prior trial over which the same trial judge presided. It would be an illogical and futile act to require witnesses to appear before a judge during the revocation hearing when the *738same judge had already heard their testimony, while they were subject to cross-examination, on the same fact issue.

A majority abates the appeal because there is no statement of facts of the…