Opinion
No. 17909.
Delivered March 4, 1936.
1. — Special Judge, Appointment of — Record.
Where trial is had before a special judge it is imperative that the record on appeal show his election and qualification.
2. — Same.
Where record on appeal was silent touching election, appointment, and qualification of special judge presiding at trial, cause was reversed and remanded.
Appeal from the District Court of Hartley County. Tried below before the Hon. J. S. Bailey, Special Judge.
Appeal from conviction for embezzlement; penalty, confinement in the penitentiary for two years.
Reversed and remanded.
The opinion states the case.
Art Schlofman, of Dalhart, for appellants.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
The offense is embezzlement; the punishment, confinement in the penitentiary for two years.
The trial was had before a special judge. The record is silent touching his election, appointment, and qualification. When the trial is had before a special judge it is imperative that the record show his election and qualification. Arts. 555 and 556, C. C. P.; Khan v. State, 30 S.W.2d 329; Petitte v. State, 21 S.W.2d 522.
The judgment is reversed and the cause remanded.
Reversed and remanded.
The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.