April 9, 1952
Hon. Sati. W. Davis, Opinion No. V-1433
District-,Attorney
Houston, Texas Re: Liability OP the COUntY
from which a criminal
I- cause is removed on
-, change of venue for the
expenses of a special
venlre In the county
to which the case was
Dear Sir: transferred.
Your request for an opinion of thla of-
fice reads in part a8 followa:
"A person charged with murder In
Harris County was tried in Tom Oreen Coun-
ty on a change of venue. Upon cORIPle-
tlon of the trial Tom Oreen County, 1
through Its District Clerk, under date
of February 29th, 1952, billed Harris
County not ~onlyfor the cost of the
regular jury selected to try the De-
fendant, but aleo for the ,costof the
Sgeclal Venlres, which Bill of Cost reads
in part as follows:
"'November 26, 1951,
Special vanire;. . ,.. $ 56.00
February 21, 1952)'
Sneclal Venlre.:. . . . 422.00
February 29, 195&
fp.ijN;;,Juw,. . . : . 528.00
, . . . . . . . , . .
"It Is admitted that Harris County
is liable In the sum of $528.00, being
the expenses of the regular jury, but
Is Harris County liable for the expenses
of the Special Venlre on November 26th,
1951, In the sum of $56.00, and the Spe-
cial Venlre on February 21st, 19 2 In
the sum of $422.00, a total of $376.007"
i
‘,
,
.z.;, f.3 Hon. Sam W. Davis, page 2 (V-1433)
e
Articles 560 to 563, V.C.C.P., provide f
r
for a change of venue under certain circumstances. i
i
Article 587, V.C.C.P., provides:
_-
"A 'specialvenlre' Is a writ Issued 1
In a capital case by order of the district
,court, commanding the sheriff to summon i
such a nutiberof persons, not less than [
thirty-six,as the court may order, to
.appearbefore the court on a day named i
ln,'thewrit; from whom the jury for the
..,
trla,lof such case Is to be selected."
:Articles 1050 and 1051, V.C.C.P., provide: i
"In all causes where Indictments have
been presented against persons In one coun-
ty and such causes have'been removed by
change of venue .to another 'county,and tried
therein; the county from which such cause
Is removed shall.be liable for all expenses
Incurred for pay'for jurors In trying such
causes."'
"The county commlsslonersof each
county at each regular meeting shall as-
certain whether, since the last regular
meeting, any person has been tried for
crime upon'a change of venue from any;
.othercounty. If they find such to be
the case they shall make out an account
against such county from which such cause
was removed showing the~number of days
the jury in such case was employed therein,
and settini forth.the amount paid for such
jury service; such account shall then be
certified to as correct by the county
judge of such county, under his hand and
seal, and be; by him, forwarded to the ,
county judge of the county from which
the said cause was removed; which account
shall be paid In the same manner as ac-
counts for the safe keeping of prisoners."
, Article ,1056,V.C.C.P., reads In part as
follows:
"Each juror In the district or clml-
nal district court, county court or county
. ,
Hon. Sam W. Davis; page 3 (V-1433)
court at law, except special ve