Ex parte Soto

OPINION

This is an original mandamus proceeding under Article V, Sec. 5 of the Constitution of Texas, Vernon’s Ann.St.

Notice of appeal was given in petitioner’s case, and as the time for perfecting the record under Article 40.09, Vernon’s Ann. C.C.P. neared its end, petitioner’s attorney on appeal made application for an extension of time to file such record to the *788Honorable W. A. Messer, Judge of the 146th Judicial District Court, sitting for the Judge of the 27th Judicial District Court during his absence at the State Bar Convention. The extension was granted, but upon the return of the…