This is an appeal from an order of the Honorable J. H. Starley, Judge of the 143rd District Court, denying relief on an application for habeas corpus before trial.
Appellant contends that the court erred in refusing to reduce bail which had been set at $20,000.
There is no evidence that an effort had been made to furnish bail in the amount fixed. In the absence of such evidence, we
Appellant next contends that he should be discharged, because he has been denied a speedy trial as provided for in Article I, Sec. 10, Vernon's Annotated Constitution of Texas.
Dagley v. State, Tex.Cr.App., 394 S.W.2d 179, held that a special plea that the accused had been deprived of his constitutional rights to a speedy trial was not authorized by law, and the trial court did not err in refusing it submit such plea to the jury under Article 510 of the 1925 Code of Criminal Procedure.
In Parker v. State, Tex.Cr.App., 397 S.W.2d 853, this Court held that a plea to the jurisdiction on the ground that an accused had been deprived of a constitutional right to a speedy trial was not authorized, and the alleged failure to grant a speedy trial did not entitle the defendant to a dismissal.
Article 506 of the 1925 Code of Criminal Procedure provided:
In 1965, this Article was amended by Article 27.03, V.A.C.C.P., and in addition to the grounds for which an indictment might be challenged added a new provision: "Any other grounds authorized by law."
The above statute now authorizes the trial court to pass upon the constitutional right to a speedy trial in a motion to set aside the indictment or by special plea.
The order of the trial court denying relief because of the alleged excessive bail is affirmed.