Johnson v. State

The offense is the sale of whisky in a dry area; the punishment, a fine of $500.

The sole ground for reversal is the contention that County Judge Sanford F. Cole, who presided at the trial, was related to appellant “by consanguinity or affinity within the third degree.”

If such relationship existed, the judge was disqualified. Constitution of Texas, Art. V, Sec. 11; Art. 552 C.C.P.

If Judge Cole was disqualified the judgment of conviction is void. Gresham v. State, 43 Tex. Cr. R. 466, 66 S.W. 845; Woodland v. State, 147 Tex. Cr. R. 84, 178 S.W. 2d 528.

The record shows that Judge Cole’s wife and…