The duty is not on the defendant to request a court reporter. He is entitled to a court reporter but can waive the right. *Page 293

By denying the writ, we are not to be understood as approving the statement by the Court of Criminal Appeals that "[n]o violation of the guaranty of due process results from the failure to provide a court reporter to preserve a record of testimony in the absence of a request therefore," for which proposition that court cited Aldridge v. State, 278 Ala. 470,179 So.2d 51 (1965).

WRIT DENIED.

MADDOX, JONES, SHORES and BEATTY, JJ., concur.