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West v. StateWest v. State

Court of Criminal Appeals of Texas
May 30, 1962
34655
Reporters:
, ,
Before:
Belcher
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. *133 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.

Case Details

Case Name: West v. State
Court Name: Court of Criminal Appeals of Texas
Date Published: May 30, 1962
Citations: 358 S.W.2d 132; 172 Tex. Crim. 409; 1962 Tex. Crim. App. LEXIS 1020; 34655
Docket Number: 34655
Court Abbreviation: Tex. Crim. App.
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