Ex parte Johnston

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 Weeks, Tex.Cr.App., 424 S.W.2d 449, for the proposition that the return of an indictment renders moot an appeal from habeas corpus proceedings to set or…