DAVIDSON, Commissioner.
Unlawful possession of whiskey for the purpose of sale is the offense; the punishment, a fine of $1,000 and one year in jail
The record affirmatively reflects that this case was tried before a special judge. The transcript does not reflect either the election of such judge or his oath of office.
A special judge has no authority to act — and each act, as such, is a nullity — until he has taken the oath of office. Mims v. State, 112 Tex.Crim. R., 15 S.W.2d 628; Norman v. State, 102 Tex.Crim. R., 277 S.W. 126; Blackburn v. State, 149 Tex.Crim. R., 192 S.W.2d 888.
The judgment is reversed and the cause remanded.
Opinion approved by the court.