Ex Parte Hagans

OPINION

ONION, Presiding Judge.

This is a post-conviction habeas corpus proceeding under Article 11.07, Vernon’s Ann.C.C.P., in which appellant seeks to set aside his 1961 murder conviction in which he was originally assessed the death penalty. 1 His conviction was affirmed in Hagans v. State, 372 S.W.2d 946 (Tex.Cr.App.1963).

It is petitioner’s contention that he was denied due process of law in his 1961 trial by the failure to conduct a separate hearing on his competency to stand trial in accordance with the mandate of Pate v. Robinson, 383 U.S. 375, 86 S.Ct. 836, 15 L.Ed.2d 815 (1966), which…