
    ROBERTS v. STATE.
    (No. 8661.)
    (Court of Criminal Appeals of Texas.
    Jan. 14, 1925.)
    1. Criminal law &wkey;»l 086(13) — Appeal dismissed where record contains no final judgment:
    Where record contains no final judgment, the appeal will be dismissed.
    2. Criminal law &wkey;>l 110(2) — Record may he corrected by insertion of final judgment on dismissal of appeal for insufficiency of record.
    On dismissal of appeal for failure of record to contain final judgment, record may be corrected by insertion of such judgment; if there be one.
    3. Criminal law &wkey;>!086(3) — Record on appeal should show selection or qualification of special judge before whom defendant was tried;
    Where defendant was tried before a special judge, the record on appeal should contain documents exhibiting selection or qualification of judge.
    Appeal from District Court, Jasper County; George E. Holland, Special Judge.
    J. B. Roberts was convicted of assault with intent- to kill, and he appeals.
    Appeal dismissed.
    Tom Garrard, State’s Atty., and Grover C. Morris, Asst. State’s Atty., both of Austin, for the State.
   LATTIMORE, J.

Appellant was convicted in the district court of Jasper county of assault' with intent to murder, and his punishment fixed at two years in the penitentiary.

An inspection of the record shows that it contains no final judgment. Under the numerous authorities collated by Mr. Vernon on page 870 of his Annotated C. C. P., this court will be compelled to dismiss the appeal for the lack of such judgment. In this connection, and inasmuch as the record may be corrected by the insertion of such judgment if there be one, attention is also called to the fact that the case appears to have been tried before a special judge and there appears in the record no document exhibiting the selection or qualification of such judge. This should be done.

The appeal is dismissed.  