Legal Opinion

West v. State

Court of Criminal Appeals of Texas

Decided May 30, 1962No. 34,655Published

1Opinion of the Court

BELCHER, Judge.

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 the Constitution and Art. 555, C.C.P. 33 Texas Jur. 2d 460, Sec. 85; Baker v. State, 159 Texas Cr. Rep. 130, 261 S.W. 2d 593; Parish v. State, 268 S.W. 2d 149.

For the reason pointed out, the judgment is…

2Cases cited3 opinions

  1. Baker v. StateCourt of Criminal Appeals of Texas · 1953
  2. Baker v. StateCourt of Criminal Appeals of Texas · 1913
  3. Parish v. StateCourt of Criminal Appeals of Texas · 1954

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