GENERAL
March 24, 1939
Ron.-Thos. R. Chandler
coiintgAttoflley
Robertson CoMitg
Franklin, Texas'
Dear Sir: . ~~ QpinioiiNo a,Q-glQ
_i "Re: Are @at oicaun~y~~ltnesees'en;
~tltled to fees ana &p&nses for.
appearing befors,a:&Ourt‘of In-
quiry Investigating a felony case?
Your'tibquestfor an 6plnlbn on then%~bovti
stated question
has ~been received by this office.
Your'Gtter.r&aas~ in’ p&&t 6s~foll6wal
__
"A short time ago 1% was nec&ssa+y for
me to determine whether or not certaln.pu~-
ported wltne&3es~,weM Ln poasess,i,on
of lnfor-
&iatlon~thatwas~tiery~lmpbrtant‘lna felony
matte&In this Coutitgand I request&l our ~'
JustI& of the Peace In the Ptieclnct‘nearest
to this County to'hola a court of Inquiry ana
subpoenaed sala uitnesses and he issued a sub-
pobna'&ummonlng said witnesses~beford him at '~
that date and said witnesses were summon'edby
the Sheriff of the adj,olnlngCounty and'said
witnesses appearing and testified under Oath
and their testimony was reduced to writing."
Articles 886 and 887, Code of Crimlnal,Procedure read
as follows:
“Art. 886. When a justlee of the peace
has.good cause t.obelieve that an offense tia~s
been, 6r Is about to be, committea against
the laws of this State, he may tiummonand
examine any witness in relation,thereto. If
It appears from the statement Of any witness
that an offense has b,eencommitted, the jus-
tice shall reduce said statements to writing
and cause ,the same to be sworn to,by each witness
making the same; andi issue & w&rant for the
arrest Of the offender, the same as if complaint
had been made and filed."
\-.--..-
Hon. Thos. R. Chandler, March 24, 1939, page 3 O-510
Very truly yours
ATTORNEYGENERAL OF TEXAS
.~
By s/drcIellWlllliims
Ardel~~Wllllams
,,
Assistant
hW:AW:wc
APPROvEDi ~'
s/W.F. Moore
fwroRRxY GErwuL OF TExAs (FIRST ASSISTANT)
.,
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