December 21, 1956, in order to assist him, he took his assistant, a shorthand secretary, with him to said court for the purpose of taking shorthand notes of certain of the proceedings so he could make an accurate broadcast of the testimony; that said judge stated to him in open court that he would not allow Harold Keen or his assistant to take shorthand notes in the courtroom; that the trial judge announced there was only one official reporter for that court and that there would be no other reporter sitting around taking shorthand notes; that if the assistant was an authorized representative of the press in her own right, designated by some newspaper in San Diego, he would let her report but that she could not dowithout the State's consent. We will reverse.
The DWI information was originally filed in County Court at Law Number One of Potter County and set for trial. At the specified trial date and time, Appellee appeared and announced ready. The State's attorney was not present, however.[1] On Appellee's motion, the county court judge dismissed the charge because of the prosecutor's failure to appear.
Later that same day, the State filed a complaint and information in County Court at Law Number Two, a county court with concurrent jurisdiction, charging Appellee with the same DWI offense. Appellee promptly filed a motion to dismiss this second information, too, alleging that she was denied due process and due course of law under the Texas and United States constitutions and that she was denied the