Court of Criminal Appeals of Texas

Henry Glenn Hathorne, Appellant v. the State of Texas, Appellee

October 21, 19701970 Tex. Crim. App. LEXIS 1461

Summary

The Court held that the mere inclusion of prior convictions for sentencing enhancement in an indictment does not disqualify a trial judge who previously served as district attorney or counsel in those prior convictions, overruling the Adcock‑Pennington line of cases. The State's motion for rehearing was granted and the judgment was affirmed.