OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

Eomrable Wayne Lefkwm 

county Auditor 

Clay Comty 

Henrietta, Texas 

Deer sir: 
Hon. Wayne Lerme, Page 2 

namer 88 in the aase or a jury 106.' 

Artiole 1074, Title 15, Chaptor 4 0r the ~068 0r 

Criminal Procedure or the Stete or Texas was amended by the 

416t Legislature at its Regular Session and reads as followm 

*In oaoh case of convlctlon In a oounty court, 

or a County Court at Law, whether by a jury or by 

a court, there SW be tnxca ae;ainat the aersnaant 

or tigalnet au. a4renasnts when several are held 

jointly, a trial ice of Five Dolldi, the same to 

be collected and aid over in the same manner as 

in the case or a s my r4e, and in the Justice court 

the trial re8,ahal.l be.the mm or Seven Dollars. 

*The raat that a justice or ‘the p&x18 6annot 

legally charge eny cost8 against the derenaant~ 

and that a trial roe to be pa%a.to the county nill 

provide a ruudrrom uhlchto pay the jutlSes ana 

the justloes, oroatea aa 4awrgeaoy ma an 

9 

- 

the publlo necessity that the consfl$u$iona %le 

requiring bills to be road on three separate days 

b4 q28penaea, and that this aot take 8rr8te a8 

l.i.i;~;Oro rm and after it8 pasaago -a it la 86 

.w 

The above mentioned aot bsoeum ctieetlw mrcb.19, 

1929, ana the 41st u&s3~taw, lst cau4a swsian, farther 

amemlea ArtLo 1074, Title 18, Chapter 4 of tha Code of ctlmlnal h008am8, whbh reads as roii0wi3: 

*In saoh ease or oontiatloa in a county Courti 

or a County Court at Law, whothor by a jury 6r by 

a Court, there-shall be taxed e.&nst tha dotensent or e@.nat all derenaanta when sweral are 

held jointly a trlalrea Or Fh Dol&m3, the 88816 

to be eolle&a and paid 0~42 in the 88m8 xwumr asp 

in the o&s4 or the jury ree, anb in the Just104 

Court the trial fee shall bq the sum of Four DOuW8. 

* 

. . . . 

This seoond amenbent beaame offestIve ninetv day8 

artier xap p;i, 19z39, data 0r adjourarueat. 

lultlcle role, codi 0r Crimlna? pr00craw4 reads a8 

rollonn, t 

nwhenwOr caste havet been erroaecw~lp texed 

against a aer8na+t, he may have the em-or fmz4. 
Hon. wayn8'L8r8vr4, Pag4 3 

rested, 8na the oosts properly taxed, upon rib 

Ing a written motion for that purpose in the 

court In which the 0868 is then or-ties last paaIn& Suahmatlonmny bemfid4 atanytimewithin 

On8 year attqr the rinciL di.spositlon or the oaae 

In whiohthe GO&8 wore &U8d, and not afterward. 

sotloe or suoh motion shall ba given to oaoh party 

to be a#eatedth4raby, as in the OaS8 of a sin& 

lar motion in a 0lvl.l action.* 

Art&l8 102 or the Psaal, cOa8 reads a8 r0ihmt 

*Any oounty orricer or say aistrlot attOXZl8y 

to whom r448 or oosts are aUow4d by law who shall 

rail ta aharge up the r888 or oosts that Rmy be 

duo undm exlstinglaws,ordho shallremitauy 

fwthatmaybe due under the law, or who &all 

rail to make the report roquirea by law, or who 

Shall pay hiS deputy, olork or as8f8tant a 1888 

aumthan 8p40iriOa in hls~swuru rtatunsnt, armarive baak a8 a rebate any part of the aoplpaolration allowed 8UOh dsputy, olaFk or assistant, 

8hd.l be rinea not 1883 thantrrenty-rive nor wr4 

than fiY8 hundred dollars. Sa0h a6.t iorbidd4u by 

tihd.~ ~~tiO14 %8 a 84parat4 OrrOIiB4." 

In the 4SS8'0r Lay Y8. State 202 8. W. cI29, it wa8 

held that ouly such I44s as are authorized by statute may be 

00118dted. 

In oiew or the roregoing authorities, you us ro8 

ii 

8Otrw aaYiS8a that it iS the Opfnioll Or this d8partnWt 

at the Cox4ulsSfon4rS~ Court has no authority to reruud trial 

to48 0r CBS88 tried in the Justios.oourts when the law wa8 la 

8rf8Ct. allowlag #7.00 trialr4e in JustIae Cburtrr. Emwmr, 

atier the tmenam4nt or Artlole 1074 aoae 0r Crirpinal Pr004- 

dure, b the 4lst Legi8latur8, 1st Eau4a sassian, lr a trial 

r84 or 7.00 was cherged, th4n,tha aorbndant 0ataa ham9 the 

error COXT8Ot8d and the CWt8 properly tazell UpOn tlllwa 

writ&on nation ~ror that purpose la the 0ourt ta whloh the ease 

la then or wa8 last pond-, prodded such 5Otii% was mad4 at 

any time within one gofir after th4 rlxml dIepositLon 0r the' 

ease in whioh the oostta were .tamd and nat aitorararde~ 

You are ftarthor advised that und4r mtlal4 2.074, 

cod8 of Crhisial m?WOaUrcl, supra, that in ea4h eefb4 whore 
Eon.Wayne Lerevre, Page 4 

there is a oouviotion In a County Court or 6 County Court at 

Law th8r8 shall be torea against the d8r8ndI3d or agaimt all 

a4r4ndants, when several are held jointly, a trial fe8 0r 

Five Dollars, and In the Just104 Courts the trfsl fee shall 

be Four Dollars upon convietlon. 

busting that the roregoing answers your inquiry, 

we remain 

Youre wry trnly 

ATl'QRN?SYOENIRALOFTEXAS 

HyL&&flz&A-- 

APPkG;7ik, 

ATTORNEY GJWZRAL 03 Tmfj