¶1On State’s Motion for Rehearing.
¶2The original opinion is withdrawn.
¶3Appellant was tried and convicted in the County Court of Scurry County for possessing whiskey for the purpose of sale in a dry area.
¶4Trial was had before the same special judge and under the same circumstances as existed in Bates v. State, Tex.Cr.App., 248 S.W.2d 947.
¶5As in the Bates case, the record does not show that the special judge was legally authorized to preside over the trial.
¶6The judgment is reversed and the cause remanded.
¶7Opinion approved by the Court.