Massey v. State

Stolz, Judge.

Defendant was charged with the offense of driving under the influence. On the day before the trial, defendant’s counsel requested that a court reporter be present to make a record of the trial. None was available. When the case was called for trial, defendant’s counsel made a motion for continuance on the ground that no court reporter was present to report the case. The trial court overruled defendant’s motion. The case proceeded to trial and resulted in defendant’s conviction of the offense charged. Held:

"In all cases, civil or criminal, any party may as a matter of right have…