
    MASON et al. v. STATE.
    No. 17909.
    Court of Criminal Appeals of Texas.
    March 4, 1936.
    
      Art Schlofman, of Dalhart, for appellants.
    Lloyd W. Davidson, State’s Atty., of Austin, for the State.
   CHRISTIAN, Judge.

The offense is embezzlement; the punishment, confinement in the penitentiary for two years.

The trial was had before a special judge. The record is silent touching his election, appointment, and qualification. When the trial is had before a special judge, it is imperative that the record show his election and qualification. Articles 555 and 556, C.C.P.; Khan v. State, 115 Tex.Cr.R. 92, 30 S.W.(2d) 329; Petitte v. State, 113 Tex.Cr.R. 347, 21 S.W.(2d) 522.

The judgment is reversed, and the cause remanded.

PER CURIAM.

The foregoing opinion of the Commission of Appeals has been examined by the judges of the Court of Criminal Appeals and approved by the court.  