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EX PARTE PENDLETON

No. 45114.

477 S.W.2d 591 (1972)

Ex parte Gene Autry PENDLETON.

Court of Criminal Appeals of Texas.

Rehearing Denied April 5, 1972.

Attorney(s) appearing for the Case

Melvyn Carson Bruder, Dallas, for petitioner.

Jim D. Vollers, State's Atty., and Robert Huttash, Asst. State's Atty., Austin, for the State.

OPINION

ONION, Presiding Judge.

This is a post conviction habeas corpus proceeding where the petitioner seeks to set aside his conviction which was affirmed in Pendleton v. State, 434 S.W.2d 694 (Tex. Cr.App.1968). He contends the conviction is void in that the trial judge was disqualified to act in such capacity since the judge had personally and actively participated as a prosecutor in one of the prior convictions alleged...

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