OFFICE OFTHEATTORNEY GENERALOFTEXAS AUSTIN
emu.0 0. MANNA-QuaHon. *or@ E. Sheppnr%

Cmptrollsr or Hlblia accounts ALIstlzl,

Texas Deer Sir: ./I

,, .” !
: :,, opinionxc. O-1908 '1,

derendentend 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 eheriffbe entitled or his service and would Same bo the apprqgriatlonior payin& sherirrt3 and other ofricers in felony aesesSw Tou further inf'orm us that whhile

the abovementioned defendimtWZJB amfined in th6 &ate Bebitentisry,Eon. George E. Sheppard,page 2

the State of Horth Carolinaplaced a *hold over order" for him and when the defendant had servedhis term in the State Penitentiary he was brought to Austin by the authoritiesof the penitentiaryfor an extraditionhesrkng

. While the derendahtwas in the custody of the aut3orities

rran the pemitentiery at Austin r0r the ebove mentionedhearing the attorney for the defendant filed an applicationror a writ of habeas aorpus in the District Court of Wilson County. You also further inform us that the abovementionedderenaantwaa not chargedwith any offense in the Distriat Court of Wilson County or in any court in the State.

The above mentionedwrit of habeas aorpus reads a8 followsr

"WRIT CF szABlM8

CORmS

TO TBZ WARIEN OF TEE TJSXAS ERISON SYSTEM AND ALL EMFLOYEESOF SAID SYSTE.W WAVIWG WILW (WILL) WRIGRr IN CUSTODYGIlEmINasr 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 Illegallyrestrainedby the Texas Prison System authoritleaand that he believes that he will be aarrled out of the state, or suffer some irreparableinjury berore he oan obtain relief in the usual oourse of law; and that he has re- ~queated

a hearingbefore this Court. *And whereas, said applioationfor 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'clockA. M.Hon. George H. Sheppard,%ge 3

"Therefore

, you are hereby commandedto 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'clockAZ., 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 orderedand 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 hereinabbredireoted. *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'clockAZ. by dellvering to Capt. Ewing Stanley in person, a true copy 0r this writ; and taking the person of theEon. 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 CriminalProcedure,reads ~8 r0li0w8:

Whenever it appearshy 8fdit3rm0~ evidence to any judge authorizedto issue suOh writ that any one is held in illegal oonfinewent or custody, and there is good reason to believe that he will be carriedloutof the State, or suffer some irre arable injuryberose he oan.:obtain relier 9II

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 speoiallynamed 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 Countyhas a populationof seventeenthousand 85.xhundred and six (17,606)inhabitants. The county officials or such oounty are compensatedon a fee basis.

Article PQ3O,,Codeof CrininalErwedure, reads in part Qf3

Pollowst
"In each oountywhere there have been cast at theprecedinng presidential

election less than 3000 votes, the sheriff or constable shall reoeive the following fees when the ~chargeIs 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 attandinga ptiaomr on habeas aoarpus,

**for** eaob day, **four dollars,**  together with mileage aa provided in SubdivIsionS, when removlng'auoh prisoner **out OS**  the county under an order issued by a distriot or appellate jwlge., Ssotion,!5,

as~referredto 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 iollouingfees shall apply; For eaoh rafle the officermay be aanpelleed~to travel in exeout- \' Ing orlminalproaess, smenoningor 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 ArtfoleHon. George i<. Sheppard,i'nge 6

Code of CriminalProcedure,supra, are allowed only where the defend~ant is chargedwith a'felony orrense end unless such defcndentwzs so chare?dArticle 1030, Code of CriminalProcedure, supra,weld not be applicable. If the defendantW:,S chargedwith no offense whatsoeverthe sheriff above mentionedwould not be entitled to any fees for l.ls serviceswhich wouid be paid by the State. Therefore , you are respeotfully advked that it is the opinion of this departmentthat the State wo;.lld

not be lleble for any fees to the Sherif: for the servicesperformedby him in connection with the above mentionedhabeas corpus proceeding.

Trusting that the foregoing fully answersyour Inquiry,

we remain Very truly yours ATTGRNZY GE?DW,L 3F Ti22.8 /s/ Ardell Williams 93, ArdellWilliams

Assistant

APEKWED FXD 24, 1940 /IX/ Gerald C. Mann ATTOR~Y G3ZBAL OF l?%US