James v. State

269 S.W. 788, 99 Tex. Crim. 395, 1925 Tex. Crim. App. LEXIS 179

Opinions

MORROW, Presiding Judge.

The offense is swindling; punishment fixed at confinement in the penitentiary for a period of two years.

It appears from the record that the case was tried before the Honorable Grover C. Adams, Special Judge- but the record, is silent touching the election and qualification of the said sf»ecial judge.

The statute providing for the selection of a special judge requires that the minutes of the court shall show the conditions justifying his selection, the manner of his election and his oath. In the absence of these, the judgment is treated as nullity and a reversal is ordered. See C. C. P., Arts. 618, 618a, 620, and 622; also Perry v. State, 14 Texas Crim. App. 166; Reed v. State, 55 Texas Crim. Rep. 137.

The judgment is reversed and the cause remanded.

Reversed and remanded.