OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
/-
April 12, 1939 /
%I?. 6. Y. Cunningham
County Auditor
Bavarro County
Coreioana, Texas
Deer sir:
XIon the above stat-
ed queastion has
ee and four OS the
or~the payment of
separate and'.die-
the state, (8) aosf
paid by th8 dofen-
of CriialnulProoeawe
0ompensstLonof any witness
eubpoenasdor ettaohed
&me before any oourt OT
, out of the.qotity.ofhfa real-
felony.aeae,aad rho appears in
bligatlons or eaoh reoognlaanoo
B further provide0 nitnese fee*
ed only to en& wltnsases aa-may have
been summoned on ths 6worn written applioetioaof the
State*s attorney or the defendant-orhfS attorney as
prorlded in Artiols 463, Uode of Crlalnal Protiedurs,
whloh sworn applicationmat be made at the time of
attaohmeatfor, or
the proouring of the tsttbpoena,
recogniaunoe or, the witness.
Mr. 3. Y. Cunnlnghsm, April 12, 1939, Page 2
Artiole 1036, Code of Criminal ?rocedure,
supra, applies only to out of county witnesses In
felony oases before the Rlstrlot Courts and hos no appll-
cation as to witnesses In misdemeanor oases In the oounty
courts.
ArtIdle 473, Code of Crimlnsl Procedure, pro-
vides:
Where ‘a witnese reeldee out of the
oounty In whloh the proseoution la pend-
lng, the State or the defendant shall be
entitled, either In term or In vaoatlonk
to a eubpoona to oompel the attendanoe of
suoh witness on epplioatlon to the proper
olerk or magistrate. Suoh epplloatlon
shell be In the manner end form as prwld-
ed &.n Artiole 463, Code of Criminal Prooe-
dure.”
The above quoted stahute~ epplles only to wit-
neases In felonyoases, who reside out of the oountg
In which the proaeoutlon is pendlng, and has no appli-
cation whatsoever to witneaaea who reside out of the
county, In which the proseontion le pending In mlsde-
meapor oaeee. . *
.. s- . .. .
Relative to ooats paid by the defendant, In orlm-
lnal action, Artlole 1078, Code of Criminal Procedure
provides:
@Wtnesaee In orImlne1 oaaea shall
be allowed one dollar and fifty oente a
day for eaoh day they a’re In ettendanoe
upon the oourt, and air oenta for each
mile they may travel In golng to or re-
turning from the plaoe of trial.”
After a therough eeardh of the statutes we
are unable to find any authority that authorizes or
preaorlbed the manner by whloh out of oounty wltneesee
may be reoognlzed, subpoenaed or atteohed in misdemeanor
oases In the oounty ootrrte, nor do we find any atatutee
providing for the oompensatlon of out of county rltneeeee
in misdemeanor oaaee.
bz. E. Y. Cunningham, April 12, 1939, Peee 2
You are respectfully advised that it is the
opinion of this Department that the statutes do not
make any provisions by whloh out of county witnesses
may be recognized, subpoeneed or attached In misdemeanor
oases in the oounty courts, nor do the statutes provide
for the oompensation of out of county witnesses in suoh
08888.
Trusting that the foregoing answers your id-
quiry, we remain
Very truly yours
ATTGRH'EYGENERAL
OFTEXAS
Ardell Willlams
Assistant,
AWlAW