Bon, George H. Sheppard,

Comptroller of Public Accounts, Austin, Texas opinionNo. v-354

DearSir: R0: Reimbursementof travel erpsnses of a DistTiotAttorney for travel to Austin in connection

with cases whioh he ,proseouted

in the trial oourt and whioh bad been reverse& OA appeal4

From your letter presentingthe above'&&- ter ror an opinionby this department, we take the following statementof the DistriotAttorney:
"The three trips to Austin, two of whioh occurred in 1945, snt¶ one in 1946, were made in connection with three oriminal oases whioh I h&proseouted in the trial
court ana whioh WQP~ reverseaby the Court of Grim, Appeals. The trip in 1945 was in connectionwith a notion for re- . hearing, an8 the other two trips were for the purpose of discussingthe reinaiotment of the defendantswith the State's Attorney and the judges of the Court of CriminalAppeals; In both of these latter oases the court had indioatsdthat the inciict5ents

were defectivebut had not explaiksd in what way they were defeotive. These were irrrportant cases and I deemed it necessary to seoure the inform-. ation before reindictingthe~aefendants. Both defendantshave been'reindioted. One has been tried and acquittedana the other is still pending trial,"
Artiole 6820, Revised Civll,Statutesof Texas, insofar as pertinent, is as follows:~..

3Ian. George Zr:

Sheppard - Page 2 (W554)

~%I.?.1 district judge6 and district attorney8



### when eneageed

in the dksoharge 0T the.ix

of$foialduties in any county 

### in this state other than the county rif their residenoe,shallbe alLowed their acttin and necessary expdrnses whi3e aat,w!LLy eagag8.d

in the discharge~9 such a%t:e~cr

1 s ,m

‘%?aoh distrlcxt

atto.rWy &i&11 rep+ rese.nt, the State Ln all a&m&r& cases 

### ig thz 

### aiatri0t Ooyrteof M3 bfetrfot



### . *; f

“The Court of CriminalAppeals shall appoint an attorney to represent, the State in all prooeeflfngs before said court, to be styled ‘StateProseoutingAttorney,

* n Construingthese statutes this department advf sea you under data of Ootober 25, 1935, that:

n such Uatrfot Attorneywould not b; &clkitled

to his milaage and expenees while ongaged in appearingbefore the f;;y of Criminal.

Appeals as Article 

### a 2wis0a civzz statutm or Tkmh3, 5ciko)s Lit the duty of .theState Proseouting Ltkornoy to ri;present the Eltate

-to all pGxte&&g~ before $3id oourt + %%e set of 

### aaid diatrlot attorney in, follawina up Us cama, wtLSZeoommendable, 

### 13 not the oPfl4aL duty o? said attorhegand the GomptrolLex would not.

bta authorities

to pay the same,* .%, :. ‘? “I

. iq any offioialduty when he traoeXedbeyond hia WVtriot to appear before the Court of Orlm5.ml.~peal~ -fn , c

.. ;

..: Bon. Gf$or&3 ri.Sheppard - Page 3 (V-354)

CommctioE uith 8~ SIK&.O~’ for rehearing,DOr whQ0 he made similar trips for the purpose of dieouasbg thr roindiotnoAtor the &fondants with the State* 8 Attorney and tko Judges of the Court of CrimihalAppeals. Xis solicitudewas comondable, but .histrips iverB Ilot $a, in the disoharge o?, a duty imposed upon hlih by

. a

. . 0~ Opinion No; i-306 of date July '16,'1947; ad&reseed to Zoa. Lsslio D. Wll.it~@,DSstrlo,t Attorney, Dranhazi,

'Pox?ii>, is r;ot to be CohstMledas beihg ia COP fliat with anythingwe have said in thie. opinion. Cur holdi&p in tlzt opitioa. merely advised the DistriotAttorney.thatf "You are entitle8 to oharge ana reoeive 'your aotual'amlnecessary expenses&ile engaged in discharm of 'Your

duties in oounties outaids of Your home coun%yjnoi to exaesd, of .pourse ; the lititationeas to auouhts speois?feU

in the statute." We merely assumed the District Attorney1 s ,aonalusion

that he wae on offi- .aial business,an8 exprdsslg state& in the opinion "We cannot be specifio as to items tor the reason that you state ho items." The opinion', howeYe,r,

ie probably oapable of a construotionin cotillatwkth our' qotialusion in this 'opigioh,

but such was not the intsntfoa: of the opinion in.t,he maae: light .ofthe puotatloos

### thwefron above .' *, : SiJMMAIiY

‘A. dietriat attorney is hot enti'tle8 to payment, or W&burqement ior pay&e& of &is *travelo&Tenses from the oouatp at his z%aiden00 to AU!d?iIl i!& $OM%OtiOil With a ElOtiO!l for I'ehearing,

or for thi3

purpo8e of &iSousdt .G:~ ing tkil3

Jaitter

6s rsinaiotmentof+ %sfeailit6

.. .,' '* "'!withthe Stat.e*a ,Attornay

and the Judges of the Court of CriminalAppaals, in 08888 prosemted by him which had beeti reveza& Rev. :. Civ; Stat:, krt. 6820; Code C.xim, WOO., Art. 23i Rev..

C5.v.. Stat.;&rt. ,181la

.

X&&AS s34JdBNT .(. ATTORNEY Gl!%EBAL osiwq :.'.i. :~!., Ycyrs very truly,