Smith v. State

ON REHEARING

Appellant contends on rehearing that we should reverse and remand for a new trial. In his brief, he states that: (1) there is a factual and legal difference between this *467case and Pope, supra; (2) the procedure set out hereinabove for establishing a statement in lieu of a transcript is a civil procedure and was not authorized by legislation for use in a criminal case; and (3) pursuant to facts stated in appellant’s brief, it is impossible to get either an accurate transcript or a statement in lieu thereof.

When we first determined that the record on appeal in this case did not…