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OFFKE~ OF ‘THE A’ITORNEY GENERAL OF TEXAS
AUSTIN
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nonorable Charles HI Slaughter
county Attorney
Z2wtin County
Stanton, T e x a 8
Desr sir;
carefully oonsidered by this
your request as followj
attorneys fees uniisrArticle CCp 10% Vornoncs
Annotated Grluina3. .3tatutos. 1938 (year)
*Artiole CCP. 1055, (19%) Vernon*8 Aan.
Cri-mine>Stututes,.,..Thccounty shsll.be liable
for only one hair (costs) vihur~del'enci~nt
has
beon tried, end txzzittcd, acquitted, 03 FOEID
. i
.
.
eon. Charles n. SlouChter, PaCe 2
GUILTY A3D lx2 C.sSXAIEALED~ ....... not
including co!missions,the County Judge shall
Issue his warrant, upon the County Treasurer
in favor of the proper party, and the sezae
shall be paid out of the Road and BriclEefund
or othrjrfuh~s........
*AFtiCJe CCP lC68 (1925) Vernon's Ann.
.Civi.l.Statutes
.....for cacl;ConvIction on a
plea of Guilty, v:hereno qpesl is taken, fee
of county attorney is $10.00.
nFro;aArticle 1055 CCF, tho county attorney
repIksentin{~ the 2tate shall bo entit:ed to
one half the fee of $lO.CO(....nnddcfendr-nt
'foundguilty and the ewe ar?ealcd.....)%-be
paia bs tiie coti= the county judge shall
Issue the warrant. u;;onthe County Treasurer
and same shall be paid out of the 2ond and
Bridge ftlti~.....
~~.wouid.a~~reelatehiving ywr opinion
On the foreCoing,~~
opinion No. O-23 of this departmnt (Conferegce
Opinion JIo.o-3032) dated Janwry 11, 1939, he13 hwse 2ill
727 of the 46th Legislature of Texas unconstitutional. This
apiAon further held that ).rticle1055, Ccda of Cri;olnal
procedure of Texas, 1925, not having been repoaleh, urA the
amendatery act bei~C~wcon~titutlonu1 and entirely void, was
still the law (at the date of the rendition of the opinion)
and that all foa ol"fioers mm subject to its provisions.
p!eenclose herewith a copy OP said opinbn %hAch contains a
full &isoussion of said nallxr.
Article 1055, Code of Crir,lnalxocec?ureof Texas,
1925$ prior to its mondment in 1939 by t!m Acts of the 46th
J,eCislatureof Texas, read as foJJoKs:
*The county shail be liable to each officer
and viltuecshaving osts in a nisdmencor case
for only one-half thereof vhcre the clsfen-dsnt
has satislfetithe finesan,P costs ndjudC,cd
ecainst bin in full by l~kor in the t;or:&ouso, L
on tbo county fnrz, 01:the pubJ.icroads or
upon any public WT%S of the CaWItJ'i and to
pay such half of such l.JE;al cmto os clayhave.
:
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HOon.Charles Fi.Slaughter, Faga 3
/--
been so taxed, not including comiciissions )
the county judge shall issue Cis warrant
upon the county treasurer
_ ._ in favor
_- _ of the
._
proper party, and the same shall be pald out
of the road and bridge fund or other funds.
not otherwise appropriated.”
‘Article1055, supra, was amended by the :,ots.of the
46th Legislature of Texas, effectiveZag 15! 1939. nrticle
1055, Vernon’s Annotated Texas code of Crlmlnal procedure, now
reads as follows:
nThe county shall not be liable to the
officer and viitnessheving costs in a mis-
demeanor case where defendant pays his Eine
and costs, The county shal.1be liable for
one-half of the fees of the officers of the
‘Court,when the defendant fails to pay his
fine and lays his fine out in the county
Jail or discharges the same by means of
working such Sine out onethe county roads
or on any county projcct. And to pay such
half of costs, the County Clerk shall issue
his v:arranton the County Treasurer in
favor of such officer to bo paid out of the
Road and BridEe Fund or other funds not
otherwise a2propriated.w
Tkp.~s
VIQsee that prior to’Eay 15, 1939, Article 1055,
Code of Crimiaal Irocedure, 1925, governcd~and that since Kay
15, 1939 and cow, Article 1055, Ternon’s &motated Texas Code
of Criminal Procedure, supra, governs,
you will note that the provisions of fIouseE&l 727
of the 45th Le&zlature of Texas (1937), (held &?const:tctional
by thip dcpartnent) providing for fees in cases of acquittals
and in cases where defendants were convicted and appealed
their cases, (cited by you in yo*urletter) were not carried
into and .madea part of the arncndedarticle passed by the
46th ~egislnture of Texas in 1939,
.
Under tbo facts stated tho cases of the defendants
are now pondIn. in t.heCoitltycourt. 310foes are taxable
against said defendants at this tizc nor can they be placed
in jail. nor CLXIthey be worked by th& couaty at this tine by
P %
.
non. Charles R. slaughter, Pqe 4
virtue of the status of such oa6eS.
You sxe respectfully advised.that It is the opinion
of this hepartinentthat neither the defendi\ntsnor the County arc.
at this tim liable for any fees to any officers under the facts
stated. .
.
Very truly ycurs
ATTORNEY GliX-XRAt
OF TZXti
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encl. *
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