
    BLANKS v. STATE.
    (No. 9528.)
    (Court of Criminal Appeals of Texas.
    Jan. 18, 1926.
    Rehearing Denied Nov. 24, 1926.)
    1. Criminal law <&wkey;-!086(3) — Conviction before special judge must be reversed, where record is silent as to his appointment or selection and taking of oath.
    Where record is silent as to appointment or selection of special judge, reasons therefor, and taking of oath of office, judgment on trial before him must be reversed and cause remanded.
    On Motion for Rehearing
    2. Judges <&wkey;K>(I)— Governor cannot appoint special judge on regular judge’s disqualification, except under certain conditions specified by statute (Rev. St. 1925, art. 1885).
    ■ Governor cannot appoint special judge because of regular judge’s disqualification, except under conditions stated in Rev. St. 1925, art. 1885.
    Appeal from District Court, Fannin County ; Ben H. Denton, Special Judge.
    Alex Blanks was convicted of manufacturing intoxicating liquor, and he appeals.
    Reversed and remanded.
    Cunningham & Lipscomb, of Bonham, for appellant.
    Sam D. Stinson, State’s Atty., of Austin, and Nat Gentry, Jr., Asst. State’s Atty., of Tyler, for the State,
   MORROW, P. J.

The offense is the unlawful manufacture of intoxicating liquor; punishment fixed at confinement in the penitentiary for one year.

It appears from the record that the trial was had before a special judge. The record is silent touching the appointment, or selection of the special judge, or the reasons therefor, also with reference to the taking of the oath of office. See Smith v. State, 24 Tex. App. 290, 6 S. W. 40; Reed v. State, 55 Tex. Cr. R. 138, 114 S. W. 834; Salazar v. State, 102 Tex. Cr. R. 189, 276 S. W. 1105.

For the reason stated, the judgment is reversed and the cáuse remanded.

On Motion for Rehearing.

On a former day this case was reversed because ther,e was no record showing the appointment and qualification of the special judge. However, in a supplemental transcript, it is shown that the special judge was appointed by the Governor on a certificate of the regular judge that he was disqualified in certain cases, including that of the appellant. Under the statute (article 1885, Revised Civil Statutes 1925), the Governor is without authority to appoint a special judge because of the disqualification of the regular judge except upon certain conditions, none of which is existent in the present case. The record is identical with that in Kid Harris v. State, 288 S. W. 450, No. 9426, this day decided, and the disposition of that case and the reasons therefor stated in the opinion are controlling in the present instance.

For the reasons and upon the authorities there stated, the state’s motion for rehearing is overruled.  