OFFICE OFTHEATTORNEY GENERALOFTEXAS 

AUSTIN 

emu.0 0. MANN A-QuaHon. *or@ E. Sheppnr% 

Cmptrollsr or Hlblia accounts 

ALIstlzl, Texas 

Deer Sir: 

./I 

,, .” ! 

: :,, 

opinion xc. O-1908 '1, 

derendent end F 

ed in the state 

or a hearing ae he 

8 Qn a felony charge. 

or Wllaon oounty 

s hearing and instructd to Austin, s66uIW 

haa to wilson aounty 

s would the eheriff be entitled 

or his service and would Same bo 

the apprqgriatlon ior payin& sherirrt3 

and other ofricers in felony aesesSw 

Tou further inf'orm us that whhile the above mentioned defendimt WZJB amfined in th6 &ate Bebitentisry, 
Eon. George E. Sheppard, page 2 

the State of Horth Carolina placed a *hold over order" 

for him and when the defendant had served his term in 

the State Penitentiary he was brought to Austin by the 

authorities of the penitentiary for an extradition hesrkng . While the derendaht was in the custody of the 

aut3orities rran the pemitentiery at Austin r0r the 

ebove mentioned hearing the attorney for the defendant 

filed an application ror a writ of habeas aorpus in the 

District Court of Wilson County. You also further inform us that the above mentioned derenaant waa not 

charged with any offense in the Distriat Court of Wilson County or in any court in the State. 

The above mentioned writ of habeas aorpus 

reads a8 followsr 

"WRIT CF szABlM8 CORmS 

TO TBZ WARIEN OF TEE TJSXAS ERISON SYSTEM AND 

ALL EMFLOYEES OF SAID SYSTE.W WAVIWG WILW (WILL) 

WRIGRr IN CUSTODY GIlEmINasr 

Vhmeas, on this the 1st bay of Wovewber, 

A. D. 1999, an application for a Writ of Habeas 

Corpus. and release irom tiproper~austody having 

been filed by Nile (Will) Wright, who allege8 

substantially the following, to-wit: that he ie 

being Illegally restrained by the Texas Prison 

System authoritlea and that he believes that he 

will be aarrled out of the state, or suffer some 

irreparable injury berore he oan obtain relief 

in the usual oourse of law; and that he has re- 

~queated a hearing before this Court. 

*And whereas, said applioation for a Writ 

or Habeas Corpus has been granted by the Iionorable 8. D. Carr, image presiding 0r the Di'strfot 

Court ot Wilson County, Texas, wade returnable 

to said court on tha 4th day of November, A, D. 

1939, at 10 o'clock A. M. 
Hon. George H. Sheppard, %ge 3 

"Therefore , you are hereby commanded to 

be and appear before said Distriot Court at 

the Court Souse thereof in the City of Floreeville, Texna, on the 4th day of November, A.D. 

1939, at 10 o'clock AZ., and to then and there 

produae the body or said Rile (will) Viright, 

and show cause, If asy you have, why he Ehould 

not be released from your custody; and the 

sherirr or any deputy sheriff or Wilson County, 

Texas, is hereby ordered and direct& to take 

the body of the said 7116 (Kill) Wright and 

safely keep him nnd bring him before this 

Honorable Court on the hour and date hereinabove set to be dealt with aooording to low. 

"TO TIE S,y%RIyy, CCXSTLBLC, OR ARY PEACE 

OFFICER OF 'JXlE STATE OF TEXAS, CRXETINCS: 

*You are hereby'camanded that you execute and make due return of this writ, as is 

required by law, and that you take and bring 

the sala Nile (Will) Wright before the Xonorable Judge .of ,said Court as hereinabbre direoted. 

*Witness, 211. M. Hughes, Clerk or the 

Dlstriot Court of Wilson County, Texes, at 

my of'sice at the Court House, in the City of 

Floresville, Texa8, this the 1st day of Rovemher, A.D. 1939. 

u(Signed) M. ?J. Hughes 

Clerk or the District court 

or Wilson County, Texas 

*Came to hand on the let day Or ?ToV8nber, 

h.D. 1939, at 4 o'clock I.,$:. and executed on 

the 2nd day of Xovember, A.D. 1939, in Travis 

County, Text, at 10 o'clock AZ. by dellvering to Capt. Ewing Stanley in person, a true 

copy 0r this writ; and taking the person of the 
Eon. George Ii. Sheppard, Bge 4 

s&l Ffle (Will) Wright in the Custody. 

*(signed) &?ss. C%o. R. Booth 

Sheriff. ffilson County. Texas 

Ra 

-isigned) D. W. Bouck. Deputy 

w~~~lesge el8.00 

180 idles 

c .lO 

SetviCS3 2 .QO 

TOTAL: $&!&! 

Article 129, Code or Criminal Procedure, reads 

~8 r0li0w8: 

Whenever it appears hy 8fdit3rm0~ evidence to any judge authorized to issue suOh 

writ that any one is held in illegal oonfinewent or custody, and there is good reason to 

believe that he will be carried lout of the 

State, or suffer some irre arable injury berose he oan.:obtain relier 9 II the usual ooucse 

of law, .or whenever the writ of habeas corpus 

has been issued and disregarded, the said 

judge may Issue a warrant to any peace orricer, 

or to any person speoially named by eaid,judge, 

directing him to take and bring such persou 

berore such judge, to be dealt tith aooording 

to law." 

Acoording to the lest Federal Census, Wilson 

County has a population of seventeen thousand 85.x hundred and six (17,606) inhabitants. The county officials 

or such oounty are compensated on a fee basis. 

Article PQ3O,,Code of Crininal Erwedure, reads 

in part Qf3 Pollowst 

"In each oounty where there have been 

cast at theprecedinng presidential election 

less than 3000 votes, the sheriff or constable shall reoeive the following fees when the 

~charge Is a felony:" 
490 

y: Hon. George R. Sheppard, Page 5 

I~ t, 

Section 8 or &-tiale 1030, supra, Code of 

Criminal Procedure, reada as follows: . 

"For attanding a ptiaomr on habeas 

aoarpus, for eaob day, four dollars, together 

with mileage aa provided in SubdivIsion S, 

when removlng'auoh prisoner out OS the county 

under an order issued by a distriot or appellate jwlge., 

Ssotion,!5, as~referred to in the above quoted 

section or Article 1030, mpra, read8 in part as rollowsre 

" . . ..in.oounties that hare a population 

of less than iorty thoussnd inhabitants, as 

shown by the preoeding Federal Cenms, the 

iollouing fees shall apply; For eaoh rafle the 

officer may be aanpelleed~to travel in exeout- 

\' Ing orlminal proaess, smenoning or attaching 

.,. 

titnesaea, ten oentsg....? 

Artlole 86 of the Penal Code deities worlminal 

pro0e88R aa r0lhf8.t 

*The turn *8r%aWal prooeas* %a Intended 

to 85gn#!y my'oapim, ~papanf, oltatioa, attaohmtint, or any other writtun order iesued in 

a etiina .prooeadiug, whether the same be to 

arrest, oomaiti oolleot mdney, or r0r whatever 

purpose used." 

Art&ale 163 oi the Code or Cr&ainal Pmoedme 

xmvidesr 

"The judge trying the oawe uader habeas 

oorpus may make suoh order as is deemed right 

conoerningthe aoet sf bringing the dermdant 

before harm, and aU. other ooats of' the prooeedb 

lng, awarding the came efthez against thu 'WE-, 

son to whom the writ was dimeted, the person 

seeking relier, or ziiay award no costa at all." 

The faea allmmd and provided for In Artfole 
Hon. George i<. Sheppard, i'nge 6 

Code of Criminal Procedure, supra, are allowed only 

where the defend~ant is charged with a'felony orrense 

end unless such defcndent wzs so chare?d Article 1030, 

Code of Criminal Procedure, supra, weld not be applicable. If the defendant W:,S charged with no offense 

whatsoever the sheriff above mentioned would not be 

entitled to any fees for l.ls services which wouid be 

paid by the State. Therefore , you are respeotfully 

advked that it is the opinion of this department that 

the State wo;.lld not be lleble for any fees to the 

Sherif: for the services performed by him in connection 

with the above mentioned habeas corpus proceeding. 

Trusting that the foregoing fully answers your 

Inquiry, we remain 

Very truly yours 

ATTGRNZY GE?DW,L 3F Ti22.8 

/s/ Ardell Williams 

93, 

Ardell Williams 

Assistant 

APEKWED FXD 24, 1940 

/IX/ Gerald C. Mann 

ATTOR~Y G3ZBAL OF l?%US