OFFICE OF THE A-TTORNEY GENERAL OF TEXAS 

AUSTIN 

Honorable L. A. Vsn Sly40 

cocnty Attorney, Fort Bend County 

mohmood, Texas 

Your letter of 

Y this de>d3xzent on the 

dlo'ivs: 

Section 11, zlrticls 1 of the State Constitution, prole3: 

"~11 prisoners shall be bailable by sufiicient 

Sureties, unless for capital offenses, when the proof 

io evident; but this provision shall not ba 30 construzd aS to prevent bUi1 arter indictment found upon 
. 

licmor4ble t. A. Vim Slylce, pae 2 

examination of the evidedoe, in such MM&C as may 

. be presoribed by law.” 

Article 5, Vernon’s Annotated Code of Crlfminal Prooed 

u,re, contains exactly the S;M~ prOYlsiOn as set forthrin the ror 

going 0onatltutionaZ provision. . 

.I 

ReferFlng.tO the fOregOing PrOVit3iOna it 1: stated in 

Texas Jurlsprudenoe, Vol. 5, page 811: 

.I 

“Under these provisions bail is a matter of 

right to all person8 aooused of any orime, except 

where there is proof evident or conimisslon of a 

oapital offense which renders probable the InfliOtion of the death penalty. The yule is that aiL-’ 

prisoners are bailable ; the exoeption is where 

rro&; 

*e 

is evident of the oommisslon of a capital 

“Although the term *all persons’ is used in 

the constitution, it is evident that the provision 

aaa meant, not to require all prisoners in all airoumsttioea to be bailed, but to refer to a class 

oi prisoners, eaOh and all of whom shall. be bailed 

tioept as provided in the oonstltution. 3ut it has 

been said that there are several aonsiderations 

leading pertinently to the OonOlusion that prisonera 

betore trial and oonvlct Ion are those who were designed to be scoured this absolutely right to bail.” 

(See Ex Porte Ezell, 40 Tex. 451) 

Chapter 1, Title 5, Vernon’s Annotated Code of Crimin 

Procedure, pertains to arrest without warrant in the c3ses enume: 

4ted. in this chapter. Article 217 or said Chapter, provides: 

“In each case enumerated in this ohapter, the 

person making the arrest shall lm~ediately take the 

person arrested before the magistrate who may have 

ordered the arrest, or before the nearest magistrate 

where the arrest waa made without an order.” 

Chapter 2 of ~said Title 5, Vernon’s Annotated Code of 

blninal Procedure, pertains to arrests under vfarrant, and ArtiCle 233 of said ohapter, provides: 
“The officer, or other person executing ~1 

warrant o,f urrcst, shull take the perom :rhon he 

is directed to ;Irrest forthwith before the m~gistrate who issuks the wurrrtnt, or before the mIgistrate named in the warrant.” 

hrticles234, 235, 230, 237 and 238, Vernon’s .;nnotated 

nte of Criminal Procedure, read as follows: 

q*rirtiale 254. One arrested in one county for 

feiony committed in snother shall in nil ceses be 

ttlken before some msgistrnte of the county where it 

v;ss alleged the offense wr1s co::i;sitted.** 

..rt icle 239. !‘(;ne -arresta+ for 3 r;Ladewa.lor 

shall be taker, tmfore J mgistrste of the county 

where the arrest takes place who shall take bzil and 

transmit imnedistely the bsnd so tcken to the court 

having jurisdiction ol’ the offense.” 

,‘,rticle 236. *If the accused roils or refuses 

to give bA1, us provided in the preceding article, 

he shall be cornmftted to jsil of the county where 

he was xrested; end the magistr::te cozczittlng him 

3~111 f’orthwith notify the sheriff of the county ln 

which the offense is alleged to have been ccxmittcd 

of the arrest and commitxent, which notice nay be 

given by telegraph, by rail or by other written 

notice.” 

llrt icle 237. “The sheriff receiving the notice 

s&l1 fsrthwich go or send for the prisoner and hive 

him Sroup,ht before the proper court or sag:strate,” 

article 238. “If the proper officer of the county 

where the offexsc is alleged to hzve been coxiited 

does not dexnd the prisoner rnd toke charge oT him 

within thirty days fron the day he is cc.“1:3itted, suck 

grisoncr sfxll tie discharged from custody.” 

Articles 450, 451, 453, 454, 455, 456, 457, 45.5 2nd 459, 

rnon’s AMotated Code of Criminnl Procedure, provide: 
nor ,ble L. .i,Vd s.lyke, 2 .EO 4 

Article 450. *In cases 0r crrest for felony 

. in the wunty whore the prosecation is pending, during a term of court, the oFricer asking the arrest 

may take bail as provided in article 287.” 

irrticle 451. *In cases 0r arrest for relony 

less than aapital, mede during vacation, or msde in 

another county than the one in which the prosecution 

is pending, the sherirf may take bail. In euah cases, 

the amount of the bai 1 ehsll be the exee as is indorsed u.?on the capiae; and, if no amount be indorsed 

upon the cepias, the sheriff shall require a reascnible 

amount 0r bail.” 

rgrticle 453. Wn capics may be executed by any 

constable or other peace officer. In felony cases, 

the defendant must be delivered forthwith to the sheriff of the county where the .arrest is made, together 

with the urit under which he was taken.” 

,.rticle 454. “Any officer naklng an arrest under a capisa in a misdemeanor may in term time or 

vscction tzke bull of the defendant.” 

Article 455. ‘Yhere an crreet is made under 

a capiae in a capital case, the sherlrr shall conrine 

the defendant in jail, and the capiae shall, for thst 

purpose, be a sufficient aommitment. This article is 

applicable when the arrest is made in the county where 

the prosecution is pending. 

.,rticle 456. “In each capitsl case where a defendant is arrested under a capiae in a county other than 

Chat in which the case is pending, the sherirr who arrests, or to whom the defendant is delivered, shall aonvey hti forthvilth to the county from which the capias 

issued and deliver him to the sheriff of such couCty.fl 

Article 457. “Cohen an arrest has been szde and a 

bail bond taken, such bond, together with the cupiss, 

shall be returned forthrwith to the proper court.” 
. 

irticlc 155. “If a Cefezdnnt be placed in jell 

out of the county of the prosecution, on R Cclony, he 

shall be dlschsrced fro3 CU8tOtiy if Ilot 3pFliCd for 

and token by the sheriff uf the proper county b&ore 

the end of sixty days fron the d?y Of bls coxiticnt. 

Ii the chsrCe is 3 misdescenor, 30 s:!sll be disch3rCcd 

fro? custody 1f not nyrlicd for and tekon by the sherlfr 

of the proper county bcforc the end oi’ t?n days from tho 

dqy ot his coxmitmcnt.” 

!,rticle 459. Time preceding article shall not ‘IPply Ii t!ic defsdnnt has been placed ir jail out CC *Jl? 

county f-r the wnnt of B ssfe jail in the proper GountY.” 

Your sttcnti:n is directed to Ch3pt*:r 48 Title 5, Vernon’s ¬ jtcd Code of Crimin31 Frocedurir, r’ert?ining tz bei1 

and rccoCnizance. :re do not deer. it necrHeary to quote the 

articles c.oht?.ined in this chnptcr. 

In vie:4 of the fore@@ statutory 9 ~rovlslons, provisions, you you 

arc respectiully advised thst We Sheriri’‘s r-6 depa?tment depa-tment hsa hsa no 

authority to hold a person ,&Eed xlth a felony or G riede- 0 ‘.LUI a felony or G riedeaecinor 13 jnil for 7ny le* &h of the te for the purLlose purLlose or :nsking :nsking 

&her reasons easons whstsoevcr who tsoevcr xithout .:i thou t Giving Cl

m isvestigstion Or ‘??jtY to .m3%C bsil as provided by the the accused an oFnor*” - 

a%~ bsil as provided by the 

foregoing statutes.