
    Ex parte SCOTT.
    (No. 5630.)
    (Court of Criminal Appeals of Texas.
    Feb. 4, 1920.)
    Criminal law <®=>1131(4) — Appeal erom order REFUSING RELEASE EROM CUSTODY DISMISSED WHERE INDICTMENT IS FOUND PENDING APPEAL.
    Where, on an appeal from an order refusing to release appellant from custody upon the ground that the evidence before the examining court was insufficient to authorize his detention, it is duly made to appear that pending the appeal the grand jury has found a bill of indictment against the appellant, growing out of the same alleged offense which was the foundation for the complaint which was before the district court when it declined to release the accused, the appeal will be dismissed.
    Appeal from District Court, Fayette County; M. C. Jeffrey, Judge..
    Application by Dee Scott to be released from custody. From an order refusing tbe application, be appeals.
    Appeal dismissed.
    John T. Duncan, of La Grange, for appellant.
    Alvin M. Owsley, Asst. Atty. Gen., for tbe State.
   MORROW, J.

This is an appeal from tbe order of tbe district court refusing to release tbe relator from custody. It appears from tbe order of the district judge that tbe relator bad been held by tbe examining-court under $1,000 bail to await tbe action of tbe grand jury. Tbe bail was reduced by tbe district judge to $300. Tbe release is sought upon tbe ground that tbe evidence was insufficient to authorize tbe detention of tbe relator.

We will not inquire into that question, for tbe reason that it has been duly made to appear here that, pending this appeal, the grand jury has found a bill of indictment against tbe relator, charging him .with tbe offense of assault with intent to murder; this charge growing out of tbe same alleged offense that was tbe foundation for tbe complaint wbicb was before the district court.

The relator now being held under tbe indictment, and not under the process issued on tbe complaint, is not in position to demand bis release, and, following tbe precedents established by this court, the appeal is dismissed.  