Son. A. C. Winborn 

Crimiml District Attorney 

semis county 

Houston3 Texas opinion wo, V-365 

He: Wecessity’ k’oi advice . 

from the County Health 

Ofricer or other phy- * 

sioian as to aa autopDear Sir: 

sy ,in~ .inquest cta5mb 

We m&r to your letter or August 11, 1947, 

tst.uhloh you, a&k: I : 

l qfs the Zustice of the ?eace, In all 

Laquebt oases, required to call in the 

County Health Officer:. or other physician, 

and ask hls opinion and advice as to the 

nedessity of an autopsy?” 

Articles 968 to 971 of the Code of Criminal 

Procedure3 as amndrd in louse IL111 Ho. 217, by the 50th 

Legislature, and .articles 972 to 972 of said code pertain to h0lai5g inquests, Article 968 makes it the duty 

of the Justice of the &ace to held an inquest when a 

persoa dies in pri6cin’or in jail, 15 killed or ?ron any 

oau8a die8 an unnatunt‘~dsath except under sentence or 

law; or in the abwnW of a witness or in oases in which 

the wolrcumstanoesn of death of unknown, 

Seotions 6 and 7 of that article were added 

by said irouse Dill Wo, 217, and authorize aa inquest 

when a person dies without having been attended by a duly licensed and practicing physician aMthe local health 

officer does not know the cause of death, and also when 

a person dies, who has been attended by a physician who 

does not know the cause of such death, Such inquests are 

to be hela at the request of the local health offioer or 

of an institution in which such person may die, for use 

or vital statistics records, Such officer or institution 

is not authorized to. require an autopsy. 
L . 

Eon. A. C. Vinborn - Page 2 (y-365) 

Article 910, Code of Criminal Procedure, 

1925, reads: 

*Upon an inquest held to ascertain 

the cause of death, the Justice shall, if 

he deems it necessary, call in the county 

health officer, ors if there be none* or 

if it be impracticable to secure his services, then some regular physician, to 

make an autopsy in order to determine whether the death was occasioned by violame;” and 

if so, its nature and character. The county 

in which mch inquest and autopsy is held 

shall pay to the physician making such autop8y a fee of not less than ten nor more than 

fifty dollars, the excess over ten dollars 

to be determined by the comissionersq court 

after asce,rtaiaing the aaount ‘arib nature of 

the work performed in making such autopsy,* 

Seid Article 9?0, .as amended reads: 

if there -be none or if it be impraaticable 

to securo his aervioess then some duly lioensed and praotfcing physician who is tmiaed 

in pathology, to make an autopsy in order e 

determine the cause of Ueath, and whether 

death was from natural causes or resulted frcm 

violence, and the nature and character. of either of them. The oounty in which such inquest and autopsy is helh shall pay to the 

physician mating such autopsy a fee of not 

more than One Hundred Dollars (#loo) 3 the amount to be determined by the aoakis5ionerss 

court after ascertainLog the amount and nature of the work performed in making such 

autopsy. * (Emphasis adds&) 
Eon. A. 0, Yinborn - Page 3 (V-365) 

reads: 

Article 972, Code of Criminal Procedure, 

me justice shall act in such cases 

upon information given him by any credible 

person or upon facts Wthin his own knonledge D R 

In Pierson vs Galveston Countyi 131 3, W, 

(2d) 27, it is held that a coroner must determine whether Articles 962-989) Code of Criminal Procedure, contemplate the holding of an inquest in a partiaalar 0888, 

and, generally, that the decision as to whether an inquest shall be held, rests in sounC discretion of the 

coroner; and that the purpose is to furnish a foundation 

for criminal prosecution. 

In Aetna Casualty and Surety Co. vs. Lane, 

132 Tex. 280, 121 S. :I. (26) 986, the Supreme Court held 

that Article 970 oontemplates that a justloe, in raaching a oonclusion that an autopsy is necessary, shall bb 

governed by Article 912, providing that the justice shall 

act upon information given him by any credible person or 

upon facts within his own knowledge1 

Xe are of the opinion shat Article 970 of 

the Code of Criminal Procedure as amended in Houst Bill 

No. 217, passed by the 50th kglsiature: requires Justices of the Peace to procure the opinion and advioe of 

the County Health Officer or other physioSan, to be considered by him in reaching his decision as to the necessity of an autopsy to determine the cause of death, but 

his decision in that regard is *T4tZn .v; his own discretion, 

. 

A Justice of the Peace is required to 

call in the County Health Officer OF other 

physician in all cases of inquest to ascertain the cause of death: but his finai. 
. ” 

Hon. A. C, iTinborn - Page 4 (V-365) 

decision in the case is within his own 

discretion. Art. 970, C.,C,Pd 

Yours very truly, 

ATTORNEYGENERAL OFTEXA3 

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