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OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
OLRALD 0. MINN
*,7oI*n ..“PIL
January 18, 1939
i
:
Hon. Ben F. Thorpe
county Attorney
Scurry County
Snyder, Texas
Dear Sir:
Your request for an 0
tiona:
llowed halr
re defendant
ial, and deten-
o half of his
laid out In
itled to colleot from
or mileage feee when
y to return prisoner
ty for trial and trial
i some aiedemeanor with
y thie Department.
peotfully advised that on January 11,
n No. 0-SS,.thls Department held that the
amendment to Article 1055 of the Cede of Criminal Procedure
was void a.8 unconstitutional. A copy or this opinion is
enclosed herewith to which referenoe is here made for all
purposes.
.‘.
-
Hon. Ben F. Thorpe, January 16, 1939, Page B
Under thi# opinion questlone Nos. 1 and S are an-
ewered in the negative. The constable is not entitled to
any fee where the defendant laye out his fine in jail.
In answer to question No. 3 you are respectfully
advised that the constable would not be entitled to collect
any fee from the county under much circumstances as outlined
in question No. 3.
The enclosed opinion above referred to, holds that
the old Article 1055 of the Code of Criminal Procedure which
provided that officers should receive half fees when con
victa worked out their fines either upon the publio roads
or upon the county farm is etill in effect.
Very truly youre
ATTORNEYGEWFRALOF TEXAS
2 BY (Signed) Wm. J. Fanning
Assistant
WJF: AW
APPROVED
(Signed) Gerald C. Mann
ATTORNEYGENERALOF TEXAS
~ENCLOSURE