¶1ON APPELLANT’S MOTION FOR REHEARING
¶2Appellant re-urges his contention that the court erred in refusing his motion for an instructed verdict on the ground that he was denied the right to consult with counsel. In support of such contention he cites Art. 1176, Vernon’s Ann.P.C., which makes it a penal offense for any officer having custody of a prisoner to unlawfully prevent such prisoner from consulting or communicating with counsel or from obtaining the advice or services of counsel in the protection or preservation of his legal rights.
¶3While Art. 1, Sec. 10, of Vernon’s Constitution of Texas guarantees to an accused the right to counsel and Art. 1176, supra, makes it a penal offense for an officer to prevent him from consulting with counsel, a sheriff has the right to exercise discretion and caution in admitting attorneys to the jail to see their clients.
¶4In Ellis v. State, 149 Tex.Cr.R. 583, 197 S.W.2d 351, it was held that the improper limitation of consultation with counsel on one occasion did not call for a reversal where the right of consultation was fairly accorded the accused before trial and there was no claim that by an unlimited consultation a defense or mitigating circumstance might have been presented.
¶5We remain convinced that the action of the arresting officer in refusing appellant’s request to use the telephone at the jail until he had “sobered up” — which was about four hours later — does not present reversible error.
¶6Error is urged to our holding in the case that the court did not err in overruling appellant’s motion to dismiss the prosecution for the failure of the state to grant him a speedy trial.
¶7Recently, in Dagley v. State, Tex.Cr.App., 394 S.W.2d 179, it was held that a plea to the jurisdiction on the ground that an accused has been deprived of his constitutional right to a speedy trial is not one authorized by law. In the opinion it was also pointed out that if an accused desires an earlier trial it is incumbent upon him to request or demand the same, and, if refused, to file a petition for writ of mandamus. State ex rel. Moreau v. Bond, 114 Tex. 468, 271 S.W. 379; Goss v. State, 161 Tex.Cr.R. 37, 274 S.W.2d 697; White v. *857State, 166 Tex.Cr.R. 267, 312 S.W.2d 639; Ex parte Ortega, Tex.Cr.App., 372 S.W.2d 695.
¶8Remaining convinced that a proper disposition was made of the case on original submission, the motion for rehearing is overruled.
¶9Opinion approved by the court.