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EVANS v. STATE

No. 41226.

430 S.W.2d 502 (1968)

Clarence Wesley EVANS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

July 24, 1968.

Attorney(s) appearing for the Case

Toby Goldsmith, Tim C. Curry, Fort Worth, for appellant.

Frank Coffey, Dist. Atty., Roland H. Hill, Jr., Grady Hight and R. W. Crampton, Asst. Dist. Attys., Fort Worth, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

BELCHER, Judge.

The offense is rape; the punishment, death.

The prior opinions are withdrawn.

The disposition of this cause makes it necessary to consider only the appellant's contention that the trial court erred in refusing a court reporter when requested, to take the voir dire examination of the jury panel.

Art. 40.09(4) C.C.P., provides in part:

"At the request of either party the court reporter shall take shorthand...

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