Parish v. State

Court of Criminal Appeals of Texas

Parish v. State

268 S.W.2d 149, 1954 Tex. Crim. App. LEXIS 2602

Court of Criminal Appeals of Texas·Decided May 19, 1954·No. 26962·Published·Cited by 5 cases

Opinion

*150 GRAVES, Presiding Judge.

The conviction is for the offense of misdemeanor swindling; the penalty assessed is a fine of $100.

It appears from the record that the trial was had before the Honorable William F. Jackson, special county judge of Waller County. However, the record fails to show that he took the oath of office as required by the Constitution and by Article 555, C.C.P. 1925. See Harris v. State, 124 Tex.Cr.R. 342 ; 62 S.W.2d 120; McLemore v. State, 107 Tex.Cr.R. 408, 296 S.W. 552; and Salazar v. State, 102 Tex.Cr.R. 189, 276 S.W. 1105.

Because of the absence of such showing, the judgment is reversed and the cause remanded.

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*150 GRAVES, Presiding Judge.

The conviction is for the offense of misdemeanor swindling; the penalty assessed is a fine of $100.

It appears from the record that the trial was had before the Honorable William F. Jackson, special county judge of Waller County. However, the record fails to show that he took the oath of office as required by the Constitution and by Article 555, C.C.P. 1925. See Harris v. State, 124 Tex.Cr.R. 342 ; 62 S.W.2d 120; McLemore v. State, 107 Tex.Cr.R. 408, 296 S.W. 552; and Salazar v. State, 102 Tex.Cr.R. 189, 276 S.W. 1105.

Because of the absence of such showing, the judgment is reversed and the cause remanded.

Parish v. State, 268 S.W.2d 149, 1954 Tex. Crim. App. LEXIS 2602 (Tex. 1954).

Pincite

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Opinion

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