Summary
In West the conviction was reversed for the same reason and because the record failed to show the mode of selection of the "special" judge.
Summary of this case from Herrod v. StateOpinion
No. 34655.
May 30, 1962.
Appeal from the County Court of Appeals, Dallas County, Charlie T. Davis, J.
John Wright, Grand Prairie, for appellant.
Henry Wade, Criminal Dist. Atty., Emmett Colvin, Phil Burleson, Assts. Dist. Atty., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.
The conviction is for speeding; the punishment, a fine of $105.
It affirmatively appears from the record that the trial in this case was had before a Special County Judge of Dallas County. However, the record fails to show the mode of the selection of the judge trying the case, as prescribed by statute, and it also fails to show that he took the oath of office, as required by Vernon's Ann.St. Art. 555, C.C.P. 33 Tex.Jur.2d 460, Sec. 85; Baker v. State, 159 Tex.Crim. R., 261 S.W.2d 593; Parish v. State, Tex.Cr.App., 268 S.W.2d 149.
For the reason pointed out, the judgment is reversed and the cause remanded.
Opinion approved by the Court.