McLemore v. State

296 S.W. 552, 107 Tex. Crim. 408, 1927 Tex. Crim. App. LEXIS 449
CourtCourt of Criminal Appeals of Texas
DecidedJune 15, 1927
DocketNo. 11030.
StatusPublished
Cited by5 cases

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.

Bluebook
McLemore v. State, 296 S.W. 552, 107 Tex. Crim. 408, 1927 Tex. Crim. App. LEXIS 449 (Tex. 1927).

Opinion

LATTIMORE, Judge. —

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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Related

Parish v. State
268 S.W.2d 149 (Court of Criminal Appeals of Texas, 1954)
Woodland v. State
184 S.W.2d 623 (Court of Criminal Appeals of Texas, 1945)
Johnson v. State
70 S.W.2d 173 (Court of Criminal Appeals of Texas, 1934)
Harris v. State
62 S.W.2d 120 (Court of Criminal Appeals of Texas, 1933)
Petitte v. State
21 S.W.2d 522 (Court of Criminal Appeals of Texas, 1929)

Cite This Page — Counsel Stack

Bluebook (online)
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.