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EX PARTE JOHNSTON

No. 51341.

533 S.W.2d 349 (1976)

Ex parte Charles Glen JOHNSTON.

Court of Criminal Appeals of Texas.

February 25, 1976.

Attorney(s) appearing for the Case

Percy Foreman and Dick DeGuerin, Houston, for appellant.

Carol S. Vance, Dist. Atty., and Clyde F. DeWitt, III, Asst. Dist. Atty., Houston, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

ODOM, Justice.

This appeal is from an order setting bail in a habeas corpus proceeding pending appellant's trial for burglary and theft. The trial court reduced bail from $100,000 to $21,000. Appellant contends that the amount set is excessive.

The State has filed a motion to dismiss the appeal, pointing out that subsequent to the initiation of the appeal the grand jury returned an indictment against appellant. The State cites Ex parte...

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