Davis v. State

Court of Criminal Appeals of Texas

Davis v. State

247 S.W.2d 392, 157 Tex. Crim. 146, 1952 Tex. Crim. App. LEXIS 1717

CourtCourt of Criminal Appeals of Texas

DecidedApril 2, 1952

Docket25791

StatusPublished

Cited by6 cases

This text of 247 S.W.2d 392 (Davis v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Davis v. State, 247 S.W.2d 392, 157 Tex. Crim. 146, 1952 Tex. Crim. App. LEXIS 1717 (Tex. 1952).

Pincite

Opinion

DAVIDSON, Judge.

*147 Unlawful possession of whisky for the purpose of sale is the offense; the punishment, a fine of $1,000 and one year in jail.

The record affirmatively reflects that this case was tried before a special judge. The transcript does not reflect either the election of such judge or his oath of office.

A special judge has no authority to act — and each act, as such, is a nullity — until he has taken the oath of office. Mims v. State, 112 Tex. Cr. R. 176, 15 S. W. 2d 628; Norman v. State, 102 Tex. Cr. R. 5, 277 S. W. 126; Blackburn v. State, 149 Tex. Cr. R. 197, 192 S. W. 2d 888.

The judgment is reversed and the cause remanded.

Opinion approved by the court.

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