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

Wem&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 Codeof 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 968makesit the duty of the Justice of the &ace to held an inquest whena 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 6and 7of that article 

### wereadded by said irouse Dill Wo, 217, and authorize aa inquest whena person dies without having been attended by a duly licensed andpracticing physician aMthe local health officer does not knowthe cause of death, andalso when a person dies, whohas been attended by aphysician who does not knowthe 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 maydie, for use or vital statistics records, Such officer or institution is not authorized to. require an autopsy.L

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

Article 910, Code of Criminal Procedure, **1925, reads:**  *Uponan 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 someregular physician, to makeanautopsy **in** order to determine whether the death was occasioned byviolame;” and if so, its nature and character. The county in which mch inquest andautopsy is held shall pay to the physician making such autop8ya fee of not less than ten nor morethan fifty dollars, the excess over ten dollars to be determined by the comissionersq court after asce,rtaiaing the aaount‘aribnature of the work performed in makingsuch autopsy,* Seid Article 9?0, .as amendedreads:

if there -be 

### noneor if it **be** impraaticable to securo his aervioess then someduly lioensed andpraotfcing physician whois tmiaed in pathology, to makeanautopsy in order e determine the cause of Ueath, andwhether death was from 

### naturalcausesorresulted frcm violence, and the nature andcharacter. of either of them. The oounty in which such inquest andautopsy is helh shall pay to the physician mating such autopsy a fee of not more than OneHundredDollars (#loo) 3the amountto be determined by the aoakis5ionerss court after ascertainLog the amountandnature 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 himby any credible person or upon facts Wthin his **own** knonledgeD 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 beheld, rests in sounC discretion of the coroner; andthat 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 SupremeCourt held that Article 970oontemplates that ajustloe, 

### in raaching a oonclusion **that** an autopsy is necessary, shall bb governed byArticle 912, providing that the justice shall act upon information given him by any credible person or upon facts within his ownknowledge1

Xeare 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 andadvioe of the CountyHealth Officer or other physioSan, to be considered by himin reaching his decision as to the necessity of an autopsy to determine the cause of death, but his decision in that regard is .v; *T4tZn his owndiscretion,

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AJustice 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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