McLemore v. State
This text of 296 S.W. 552 (McLemore 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.
Opinion
Conviction for leaving open a gate in a fence, punishment a fine of $10.00.
The case was tried by a special judge. It is required that one acting as such special judge take the.oath made necessary by Art. 555, Vernon’s C. C. P. See Summerlin v. State, 69 Tex. Crim. Rep. 275; Weatherford v. State, 28 S. W. 814. It must be shown from the record that the special judge was legally appointed or selected, and the manner of same and his qualification must appear in the record. Smith v. State, 24 Tex. Crim. App. 290. For the lack of such showing the judgment must be reversed and the cause remanded.
Reversed and remanded.
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Cite This Page — Counsel Stack
296 S.W. 552, 107 Tex. Crim. 408, 1927 Tex. Crim. App. LEXIS 449, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mclemore-v-state-texcrimapp-1927.