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EX PARTE SMITH

No. 54805.

561 S.W.2d 842 (1978)

Ex parte Curtis James SMITH.

Court of Criminal Appeals of Texas, Panel No. 2.

February 22, 1978.

Attorney(s) appearing for the Case

Duncan F. Wilson, Austin, for appellant.

Ronald D. Earle, Dist. Atty. and Charles E. Hardy, Asst. Dist. Atty., Austin, for the State.

Before ONION, P. J., and DOUGLAS and ODOM, JJ.

OPINION

ODOM, Judge.

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

Article 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...

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