DAVIS v. STATE

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.