Honorable Jimmy Morris 

County Attorney 

Navarro County Courthouse 

Corelcana, Texas 

Opinion No. C-305 

Re: Where the trial of a defendant in a criminal case 

results in a hung jury and 

upon eubeequent trial the 

defendant ira convicted, IS 

the defendant taxed one or 

Dear Mr. Morris: two jury fees? 

You have requested,'an official opinion from this department concerning the following question relating to the defendant's liability for a jury fee in a justice court: 

"If,a jury cannot'agree on a vetiict and 

ia:hung, and then another jury is lmpaneled 

and the defendant ia convicted, is the deE;;;tnt taxed with two jury fees or just 

Article 1075 of the Code of Criminal Procedure provides: 

Jury fee In juatlce court. 

"If the defendant is convicted in a criminal action tried by a jury In a justice court, 

a jury fee of three dollars shall be taxed 

zgainst,him." (Bnphasla wadded) 

Article I.?73 of the C&d! of Criminal Procedure provides: 

In district and county courts. 

'In each.crlmlnal action tried by a jury 

In thewtrict dr county court, or county 

court at law, a jury fee of five dollgrs 

ahall be taxed-against the defendant if he 

is convicted." (Emphaala added) 

It is fundamental that no coat or fees may be taxed 

against a defendant in a criminal case where he is acquitted. 

,'(See attached copy of Attorney Ceneral'e Opinion o-1773.) 

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Honorable Jimmy Morris, page 2 (C-305) 

The statutes provide that In the justice, district and 

county courts the taxation of a defendant for a jury fee la 

conting&nt upon conviction. 

Aa quoted above, Article 1073 relating to the dlatrict 

and county courts la almost identical to Article 1075, except 

it Is more explicit In that it apeclflc+ly states that In 

each criminal,action the defendant is taxed a’ jury fee if conmed. 

Article 907 of the Code of Criminal Procedure provides: 

Mistrial. 

"A jury shall be discharged if they fall 

to agree to a verdict after being kept together’a reaeoliable time. If there be time 

left on the same day, another jury may be impaneled to try the cause, or the justice may 

adjourn for not.more than two days and again 

lmpanel a jury to try duch cause. I’ 

It is well established that In a criminal case where’the 

jury fails to agree on a verdict and Is subsequently dlaml8sed,’ 

a mistrial is declared. Howeves, this does not reeult in the 

dletilsaal of the tiase, rather, the pending cause ia continued 

until such time as a new jury can be lmpaneled. 

Aa the above quoted statutes are clear and unambiguous, 

it follows that only one jury fee ‘la to be’taxed against a defendant,,who is convicted In a criminal cause tried in the 

juatlce’couti, even though in a ptilor trial the jury was diacharged for failare to agree to a verdict. 

SVMMARY 

In any criminal cause In a justice court 

a defendant, If convicted, can only be,t?xed 

one jury fee notwithstanding that more than 

one .jury was lmpaneled to” hear the case. 

,. 

Youra very truly; 

WAGGONER CARR 

Attorney General of Texans 
_ . . -- 

Honorable Jimmy Morris, page 3 (C-305) 

RWN/dt/br 

APPROVED: 

OPINION COMMITTEE: 

W. V. Geppert, Chairman 

Jamea Strogk 

Joe Long 

Charles B. Swanner 

Malcolm Quick 

APPROVED FOR TRE ATTORNEY GENEXUL 

Bg: Stanton Stone 

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