Art. 11.41. WHERE PARTY IS INDICTED FOR CAPITAL OFFENSE.  If it appears by the return and papers attached that the party stands indicted for a capital offense, the judge or court having jurisdiction of the case shall, nevertheless, proceed to hear such testimony as may be offered on the part of the State and the applicant, and may either remand or admit him to bail, as the law and the facts may justify.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.