
    McLEMORE v. STATE.
    (No. 11030.)
    Court of Criminal Appeals of Texas.
    June 15, 1927.
    1. Criminal law <§=>1086(3)— Failure of record to show that special judge took oath required by statute held to require reversal (Vernon’s Ann. Code Cr. Proc. 1925, art. 555).
    Where record did not show that special judge took oath required by Vernon’s Ann. Code Cr. Proc. 1925, art. 655, conviction could not stand.
    2. Criminal law <§=>1086(3) — That special judge was legally appointed or selected, and the manner of his qualification, must be shown by record. '
    It must be shown from the record that special judge presiding was legally appointed or selected, and the manner of his appointment and qualification.
    Appeal from Sabine County Court; R. H. Dent, Judge.
    Earnest McLemore was convicted of leaving open a gate in a fence, and he appeals.
    Reversed, and cause remanded.
    E. P. Padgett, of Hemphill, for appellant. Sam D. Stinson, State’s Atty., and Robt. M. Lyles, Asst. State’s Atty., both of Austin, for the State.
   LATTIMORE, J.

Conviction for leaving open a gate in a fence; punishment, a fine Of $10.

The case was tried by a special judge.' It is required that one acting as such special judge take the oath made necessary by article 555, Vernon’s C. C. P. 1925. See Summerlin v. State, 69 Tex. Cr. R. 275, 153 S. W. 890; Weatherford v. State (Tex. Cr. App.) 28 S. W. 814. It must be shown from the record that the special judge was legally appointed or selected, and the manner of same and his qualification must appear in the record. Smith v. State, 24 Tex. App. 290, 6 S. W. 40.

For the lack of such showing, the judgment must be reversed, and the cause remanded.  