Ex parte Smith

OPINION

ODOM, Judge.

This is an appeal from a habeas corpus proceeding brought to secure a reduction of bail pending appeal.

*843Article 44.34, V.A.C.C.P., provides that the record on a habeas corpus appeal, “when the proceedings take place before the court in session, shall be prepared and certified by the clerk thereof; but when had before a judge in vacation, the record may be prepared by any person, under direction of the judge, and certified by such judge.” The record before us contains a transcript of instruments on file in the trial court and the transcribed court reporter’s notes from the…