Pena v. State

DISSENTING OPINION ON MOTION FOR REHEARING.

The following facts are shown by Bill of Exception No. 1. After convening the regular term of the District Court of Bee County in November, 1926, the elected judge was present and presided. After the organization of the grand jury it was recessed for fifteen days and the judge went to the county seat of Live Oak County and presided at a special term of the district court. During the absence of the regular judge a special judge was elected by the attending attorneys to preside over the District Court of Bee County. Subsequent to his election the…