Johnson v. State

LATTIMORE, Judge. —

Conviction for assault; punishment, a fine of $5.

An inspection of the record shows that this case was tried before a special judge. The record is entirely devoid of any reason why or cause for the failure of the regular judge to sit; and likewise fails to show that the special judge was selected in any legal manner or form; and also fails to show that the special judge qualified or took the oath required. In Smith v. State, 24 Texas Crim. App., 290, reference was made to the modes prescribed by statute for the selection or appointment of a special judge, and to the further…