OPINION
DOUGLAS, Judge.This is an appeal from an order in a habeas corpus proceeding where a reduction of bail pending appeal was sought.
The dissent would hold that Article 44.34, V.A.C.C.P., requires that a transcription of the court reporter’s notes must be made a part of the record even though it is not requested by an appellant.1
Article 44.34 provides:
“When the defendant appeals from the judgment rendered on the hearing of an application under habeas corpus, a record of the proceedings in the cause shall be made out and certified to, together with all the testimony offered, and shall be sent up to the Court of Criminal Appeals for review. This record shall be sent up to the Court of Criminal Appeals within fifteen days after the date of the judgment, except that if good cause is shown, the time may be extended by the Court of Criminal Appeals. This record, 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.”
Apparently the dissent would require the trial court to have such a transcription prepared even though a wealthy petitioner did not want or request it.2
The cases under Article 44.34 and its predecessors have uniformly held that absent a transcription of the court reporter’s notes or a statement of facts a cause will be affirmed. See e. g. Ex parte Naill, 127 S.W. 1031 (Tex.Cr.App.1910); Ex parte Palmer, 136 Tex.Cr.R. 245, 124 S.W.2d 860 (1939); Ex parte Moore, 318 S.W.2d 667 (Tex.Cr.App.1958); and Ex parte Kindell, 415 S.W.2d 922 (Tex.Cr.App.1967). There is no reason to change the rule.
The implicit rationale of those cases was that the burden was on an appellant or petitioner to request such notes to be placed in the record or the right to such transcription was waived.
Whether Article 44.34 is mandatory or directory, petitioner may waive compliance with the provision. Article 1.14, V.A. C.C.P., provides as follows:
“The defendant in a criminal prosecution for any offense may waive any rights secured him by law except the right of trial by jury in a capital felony case.”
*52Even if we be wrong in the construction of Article 44.34, the rule that we follow today has been the procedure for many years. There is little chance, if any, for one to be injured or an injustice be done by the well-established rule. All one has to do to secure the transcription of the court reporter’s notes in his case is to ask for it and, if he is able to do so, pay the costs.
Many court reporters are having trouble preparing records in the time prescribed by law. We will not add to that burden when there is no good reason for it.
For the above reasons, the judgment is affirmed.
. See Ex parte Sims, Tex.Cr.App., 565 S.W.2d 45 (No. 55,139, decided this day on motion for rehearing which overrules the original holding and holds contrary to the contention of the dissent).
. Upon request, an indigent defendant will be furnished a transcription of the court reporter’s notes without cost. If one is not indigent, a transcription of such notes will be furnished upon his request, but he must pay for it. Under the theory of the dissent, who would pay for such a record if a wealthy defendant did not request it?