. . 

OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

G-c.wu(II 

A-QP(uu 

Honorable Andrew J. Hiakey 

County Auditor 

Ylotorla county 

Vlotoria, Tem8 (“>\, 

Dow Sir: ::ys*z c O \ ‘\, 

olro~~ 08 

County reaulre m&lb L 

1s Ylotorla 

Dswitt 

Your reoent 

on the queatlon u la he 

0 olmmtanee6 18 Vlotorla Oounty 

mwitt county SO? the Jury 

In the trial of the above case?' 

"Rape my be proseouted fa.the oounty ln 

vhioh it 1s oommltted, or in any oountp of the 

judialbl dlstrlot in vhloh It 18 oonrmitted, or in 

co-t of the Judlolal dltatrlot the judge o? 

%I v oh rem 3 &a nmrert the oounty seat of ths 

oouaty in vhlah the otfeme le aommltted. When 

380 
Honorable Andrew J. Xilokey, Page 2 

the judicial dfatrlct comprises otiy one oounty, 

proaeoutlona nmy be conmnced and aarrled on in 

that oounty, if the offense be committed there, 

OF in any adjoining oounty. When it shall cow 

to the knovledge of any district judge vhoar 

oourt has jurirdlotlon under this article that 

rape has probably been oommltted, ha shall lnmmdiately, if his oourt ba in 5655ion, and lf not 

ln ae6alon, then, at thm first term therearter 

in any county of the district, oall the attsntion of the grand juryth6reto~ and, lihia 

oourt be ln 86881on. but tha grand jury hu baen 

discharged, ha shall lmmedlately reoall said 

grand jury to lnvetltlgate the aoouaatlon. Proaeoutlona for rape shall take preaedence ln all 

oaaete in all courts; a.4 the dlstrlot courts are 

authortied aad directed to ahangs tha venw ln 

aueh cases whenever it shall be necessary to 

aeour6 a speedy trial. o 

Ye quote from Texas Jurlaprudenoe, Vol. 3.2, page 

443, BS r0iiaw5t 

(I 

. . ..Venuo ln a criminal oaae awna the 

pl500 ln vhloh pm#eoutloPr MO to begin. Oenerally apeakiqg, there la a d.latlnotlon between 

juriadiotlon o? thQ subject matter 8nd venue. 

By the oonuaon lav Crimea are local,to br proaeouted ln the county of their conunlaalonn, and only 

in such oounty can the grand jury Znqulre of 

them. But there la no provlalon or the state or 

rederal oonatltutlona prohlbltlng the legislature 

from authorlslng a proaeoutlon in a county other 

than the one vhere the oifenae vaa oommitted 

i 

and 

it has done ao ln sow lnatanoer. For exanw 8, 

the oode provides that~ raps msy be proaeouted in 

the county In vh%oh it la oommltted, or in any 

county o? the judlolal dlrrtrlot in vhloh It is 

oomnltted, or ln any oounty of the judlolal dietrlot the judge of which resider neareet the county 

scat of the county in vhloh the offense la aommlttedj 

and &la provision has been upheld 818 ooMtltutloti. 
, 

Honorable Andrev J. Bjokey, Page 3 

Vi0 tori8 

judicial dietriot, 

read 

Articles 

aa Pollova: 

purt 

that 

County and DaUltt County me in the wma 

namely the 24th Judlcal Watrlot of Texas, 

1050 and 1051, O&de of Criminal F+rocedure, 

“Az!t. 1050. In 811 oauaea vhere lndlotmenta 

have been presented against persona in one county 

and auoh causes have been removed by ohange of 

venue to another county, and tried there& the 

county from ubioh ruch cawo is removed u&l1 be 

liable for all oxpenaoa lnourred l’or pay for jurors 

in trylug auoh oawea. 

“tit. 1051. The oouuty oomnlaalonera of eaoh 

county at eahh regular meeting aball aaoertaln 

whether, since the laet regular meting, any person has been tried for arlme upon a ohange o? venue 

from any other county. If they find suuh to be the 

case they shall make out an account againet such 

oounty from vMQsuoh cause was removed shoving 

the number of days the jury in such oaae was employed 

therein, and setting forth the amount paid Par auah 

jury aervioej such acoount shall then be certified 

to as come% by the county judge of such county, 

under his hand and seal, and be, by ~&II, PomWded 

to the oounty judge of the county from whloh the 

said cause vas removedj whlah account shall be paid 

in the mne manner as accounts for the safe keeping 

of prlsonera . * 

Article 1056, code of Oriminal Procedure, mads in 

Se t0110vs: / 

‘Eaoh juror ln the diatzlot or ariminal dlatpiot court, county oourt, or county oowt at lav, 

except apeolal venlremen vhose pay is nov Nxed 

by law, ahall reoelv8 three dollar8 for eaoh day 

and for #ah fraotlon of a day that he msy attend 

se l uah jwbr, to be paid out of the jury fund of 

the county ln vhioh he may so serve. . .Z.. ” :,: 

It vi11 be noted that under Artlole 1050, aupra, 

in all oaaea vheti lndlotmenta have been presented agaUmt 

Y 
Honorable Andrev S. Hlckey, Page 4 

peraons la one county and such case5 have been removed by 

ohange of v8nue to another county and tried themin, the 

oountp from vhlch such cau56 Is removed shall be liable for 

all expenses incurred for pay of jurors In try- euoh cases. 

Rovever, no statute that V8 have been able to find requires 

the county Uher8 th8 Of'f8n58 ha5 been commftted to pBy the 

jury fees above mentioned vhere venue has been given to other 

counties as in the case of rape by Article 207, Code of Crlmlnal Procedure, supra. 

la vlev of th8 toregoing statutes, you are respectfully advised that It 15 the opinion of this department that 

Victoria County 15 not ll86le for the jury fees expended in 

the trlal of the ebove msntloned case ln DeWltt County under 

the facts stated in your lnqtiy. 

Trusting that the foregoing fully ansvers your lnqulry,ve are 

very truly yours 

ATTORHBY OEIIEF3kL OF TEXAS 

Ardell Wlllfams 

Assistant