West v. State, 34655.
| Decision Date | 30 May 1962 |
| Docket Number | No. 34655.,34655. |
| Citation | 358 S.W.2d 132 |
| Parties | James Martin WEST, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
John Wright, Grand Prairie, for appellant.
Henry Wade, Criminal Dist. Atty., Emmett Colvin, Phil Burleson, Assts. Dist. Atty., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.
BELCHER, Commissioner.
The conviction is for speeding; the punishment, a fine of $105.
It affirmatively appears from the record that the trial in this case was had before a Special County Judge of Dallas County. However, the record fails to show the mode of the selection of the judge trying the case, as prescribed by statute, and it also fails to show that he took the oath of office, as required by Vernon's Ann.St. Art. 555, C.C.P. 33 Tex.Jur.2d 460, Sec. 85; Baker v. State, 159 Tex.Cr.R. 130, 261 S.W.2d 593; Parish v. State, Tex.Cr.App., 268 S.W.2d 149.
For the reason pointed out, the judgment is reversed and the cause remanded.
Opinion approved by the Court.
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Herrod v. State
...a special judge under Article 1970-31.13, § 8, V.A.C.S., or by what authority presided. The panel opinion cited West v. State, 172 Tex.Cr.R. 409, 358 S.W.2d 132 (Tex.Cr.App.1962); Dalby v. State, 368 S.W.2d 626 (Tex.Cr.App.1963); Brown v. State, 156 Tex.Cr.R. 32, 238 S.W.2d 787 (Tex.Cr.App.......
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Dalby v. State, 35651
...Ann.C.C.P. In the absence of such a showing, the conviction cannot stand. Parish v. State, Tex.Cr.App., 268 S.W.2d 149; West v. State, Tex.Cr.App., 358 S.W.2d 132; and Ross v. State, Tex.Cr.App., 363 S.W.2d For the reasons stated, the judgment is reversed and the cause is remanded. Opinion ......
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Ross v. State
...1 Branch 2d 320, Sec. 278; Baker v. State, 159 Tex.Cr.R. 130, 261 S.W.2d 593; Parish v. State, Tex.Cr.App., 268 S.W.2d 149; West v. State, Tex.Cr.App., 358 S.W.2d 132 For the reasons pointed out the judgment is reversed and the cause Opinion approved by the Court. ...