Pennington v. State

The indictment upon which this conviction rests charged the appellant with the offense of robbery by assault as the primary offense. It further charged two prior convictions of offenses less than capital for the purpose of enhancement.

Appellant contends that Judge Todd, the regular district judge, was disqualified to sit as a judge during any phase of the trial of this case on the ground that he had been of counsel for the state in one of the prior convictions alleged for enhancement.

By motions, appellant urged the disqualification of Judge Todd before the jury was selected, at the close of…