OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
Eonr RI PI Hellmlth
A6si6tad County AUdifOr
LaLemlan cmlnty
Taco, Texas
Dear Sirr
ter of February
&en abwe, In
n Involved as fol-
6 been f~lell or
6 Called t0
the oitr jail to
an I.6 vheth6r the
arrest fee of $2.00
106s of the Co&a af Criminal Proaedure,
fees to be allowed peaae offleer for
servloeo rendered, to be t0xed against
conYiotion. We cplote the section of the
.l. For executing each warrant Of arrest
or capias, or rx&ing arrest rltlmut wirrant,
two dollars.'
*e thM the practlcoble application ef this
statute requires that it be construed in the light at
WtiClt36 883 3nd 884 Of the Code Of Cri.mlnal F'rfW3dtlre.
It ig oholous the foe prwided In artiole 1065, 6upra,
would be pyablo by the defendant only up comiction.
“,g~ew~;tS.cm a trial nust be held before a compo-
, In the justlee oourttherevouldhave
to be a w6qlalnt confor6zLng to the Wi6iOXl6 Of -tic
ale 883, fmpa* Upon the filing of rhe oomplaint, re-
gardless of the Saot that the defendant might then be
in actual custody, a 8arrant met iSsue* Thie ie plainly
~Wided in 8l'tiOle 882, 66 fO11Olf6:
'Then the requirewnte of the preoedlmg
artiole have been complied vith, the justice
shall issue a varrant for the arrest of the
aocwed tuxi deliver the 6aGc to the paper -
officer to be executed.6
It %6 subniitted, mer the fa4Jt6 givf3.Iby you,
the fee of tvo dollar6 ~wided for in article 1065, ma-
pra, vould bc due and payable to the officer vho makes
the proper return upon the varrant 6hom he has ebe-
cuted it.
In this conmotion, ve think It proper to
dire& your attention to artiolc 239, Code of Criminal
prooednre, reading a6 follovs:
*A prSOn i6 said t0 be arIV36ted dh3n he
haebeonaetually plaoedunder restraint Or
taken into custody by the @fleer or person
executing the varrant of arrestr
Zlmrk2fore,youarereapeetfully answered,iP
the offleer who goes to the city jail am3 fransfer6 the
defordant to the county jail, fOllO66 up his work by
executing the 8arrant vhen issued, he vould be entitled
to the tuo dollars, prwided the defendant ie tried, con-
ViCted; 6& p 6 hi6 fiI63 alld COSt6. lb3.s in the event
the ca6e is tr L axlflnallydispoeed of+'Ltthe justice
court.
The 66s~ reasoning vould apply in the eVent
a’C6ph66 16 i6SlV3dfrOn th0 0OlXlt.y'3OlWt. See lu‘tiCle
441, Code of crindnal procedure.
Yerytruly YCJIIP6
ATTORNIZ GE- OF TELLS
BT:Av BY
APPROFEO t (Sigma) Benjsnin Voodall
(SignOa)Gerald C.&am A.WJiStWIt '
ATTOMTZ GENEtUL OFTEXAS