Bates v. State

WOODLEY, Judge.

Appellant was convicted in the county court of Scurry County for possession of whisky in a dry area for the purpose of sale and the jury assessed a fine of $100 and 30 days in jail.

Trial was had at the September term, 1951, of said court before Hon. Robert R; Patterson as special judge.

The sole question raised on this appeal concerns the authority of the special judge to preside in place of the regular judge of said court.

The record does not show that Hon. Robert R. Patterson was elected as special judge at the September term of said court in accordance with Art. 1934 and Art.…