Legal Opinion

Hathorne v. State

Court of Criminal Appeals of Texas

Decided October 21, 1970No. 42871PublishedCited by 77 opinions

1Opinion of the Court

OPINION ON STATE’S MOTION FOR REHEARING

ONION, Judge.

Our opinions on original submission are withdrawn and the following is substituted in lieu thereof.

This is an appeal from a conviction for burglary with intent to commit theft with the punishment, enhanced by two prior non-capital felony convictions under the provisions of Article 63, Vernon’s Ann.P.C., being assessed at life.

The State’s motion for rehearing presents for reconsideration in depth the question of whether a trial judge is disqualified because he was the district attorney at the time of a prior conviction alleged for…

2Cases cited54 opinions

  1. Michelson v. United StatesSupreme Court of the United States · 1949
  2. Spencer v. TexasSupreme Court of the United States · 1966
  3. Nye & Nissen v. United StatesSupreme Court of the United States · 1949
  4. Herman Roberson v. United StatesCourt of Appeals for the Fifth Circuit · 1958
  5. Ex Parte DavisCourt of Criminal Appeals of Texas · 1967

49 more not listed; retrieve them via the Exa API.

3Cited by77 opinions

  1. Bruns v. State, Texas Court of Appeals, 4th District (San Antonio)1996
  2. Gamez v. StateCourt of Criminal Appeals of Texas · 1987
  3. Joseph Bennard Nichols v. Wayne Scott, Director, Texas Department of Criminal Justice, Institutional Division, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1995
  4. Harvey v. StateCourt of Criminal Appeals of Texas · 1981
  5. Ochoa v. StateCourt of Criminal Appeals of Texas · 1972

72 more not listed; retrieve them via the Exa API.

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