0 EXAH 

Dr. Henry Holle 

State Department of Health 

Austin, Texas 

Opinion No. W-449 

Dear Dr. Ho110 1 

Re: Is a certificate stating 

that an autopny w&a performed or that no autopsy 

wan neoerrary required In 

only thou0 ltdanoes where 

an lnquerrt wa8 held? Muit 

the owner or operator of a 

orematory, before oremating 

an body, demand and be 

9 urnished with a oertifioatc 

rigned by th8 MedLoal Examiner, if the death ooourred 

in a oounty having the of-’ 

floe of Medlorl Examiner, 

stating that an autopuy wa8 

performed or that no autop8y wa8 neoesaary? 

In your rromt rrquert for an opinion from this 

offioe, your lettrr road aubrtantlally a8 follows: 

In oountlrrr whioh a r e l uthorleed to entabllah and 

malntaln thr olflor of Medloal Examiner a8 provided In Artiolr 98ga, Vernon18 Code of Criminal 

Proordurr, a quratlon haI been railed by one of 

the ormatorlrr a8 to the proper lnterpretrtlon of 

Srotion 10 of thr Artlolr. 

II a orrtlfioatr rtatinq that an autopsy wa8 performed or that no autopry WLI moerrary required 

In only thorr lnrtanosr where the death reoord 

rhowr that an lnqurrt wa8 held? Muat the owner 
Dr. Henry Holle, Page 2 (WW-449 1 

or operator of a crematory ', before cremating an 

body, demand and be furnished with a certlfloa -i+ e

signed by the Medical Examiner, stating that an 

autopsy was performed or that no autopsy was 

necessary? 

Section 10 of Article, 98ga, Vernon's Code of Criminal Procedure, provides, In part, as follows: 

"Before any body, upori which ati lnqueat Is 

authorized by the provisions of this Act, can be 

lawfully cremated, an autopsy ahall be performed 

thereon as provided in this Act, or a certificate 

that no autopsy was necessary shall be furnlahed 

by the Medical Examiner. Before any dead body 

can be lawfully cremated, the owner or operator 

of the crematory ahall demand and be furnished 

with 8. certificate, signed by the Medical Examiner,of the county in which the death occurred 

showing that an autopsy was performed on said 

body or that no autopsy thereon was necessary. 

It shall be the duty of the Medical Examiner to 

determine whether or not, from all the clrcumstances surrounding the death, an autopsy ie 

necessary prior to Issuing a oertlflc~te under 

the provisions of this seation . . . 

The statute Is somewhat ambiguous. In discussing 

the dissolution of ambi ltiee the Court said, in Lon orla v 

State, 126 Tex. Crlm. 3%& 363, 71 S.W.2d 268, 26g-(+JTJ? 

"We further observe that in accordance with 

settled rulea of interpretation of etatutes, even 

when the language used is susceptible of two 

meanings, the aourts are to give It that meaning 

which will conform to the scope of the act and 

oarry out the purpose of the statute. Mr. Black, 

In his Hornbook on Interpretation of Laws, p. 56, 

lays down the rule that, where the language used 

la ambiguous, or admits of more than one mbanlng, 

It ie to be taken in such a sense a8 will conf,orm to the saope of the aot and carry out the 

purpose of the statute." 
Dr. Henry Holle, Page 3 (WW-449). 

For further discussion con&$rnlng the construction 

of statutes Bee also Texarkana & Ft. S. Ry, v. Houston Gas & 

Fuel Co., 121 Tex. 594, 601 51 S W 2d 284 287 (1932) 

Iiidalgo County Drainage Dl&. No.‘l’v. Davidson, 102 Tei? 

d 

, 4,l . . > 1 (1909). 

The Le 

& 

lslature, In our opinion, in passing House 

Bill 539, Aota 5 th Leglalature, Regular Session, 1955, Chapter 159, page 524 (codified as Article 98ga of Vernon’s Code 

of Criminal Procedure) considered only those Instances in 

which inquests were authorized to be held. To hold otherwise 

would require a Medloal Examiner to Issue a certificate as to 

facts unknown to him in the absence of an Investigation on 

his part. An Investigation which would reveal those facts Is 

not authorized by the statutes except In connection with 

inquest proceedingd. 

The opinion of thla office is that a certificate 

stating that an autopsy was performed or that no autopsy was 

necessary should be requlred In only those instances where 

the death reaord shows that an Inquest was held. The owner 

or operator of a orematory, before cremating any body, Is not 

required to demand and be furnished with a certificate signed 

by the Medical Examiner, If the death occurred In a county 

having the offloe of Medical Examiner, stating that an autopsy 

wan performed or that no autopry was neoepIaary, except where 

the death record shows that an inquest was held. 

SUMMARY 

A oertiflaate stating that an autopsy was performed or that no autopsy 

was neoessary should be required In 

only thoae Instance8 where the death 

record show6 that an Inquest was 

held. lhe owner or operator of a 

crematory, before cremating any body, 

Is not required to demand and be 

furnished with a certificate signed 

by the Medioal Examiner, stating 
Dr. Henry Holle, Page 4 (WW-449). 

that an autopsy wae performed or 

that no autopsy wa6 neaesaary, 

except where the death record 

shows that an Inquest was held, 

Very truly youra, 

WILL WILS,ON 

Attorney General of Texas 

Asslatant 

BF:am:jl 

APPROVED: 

OPINION COMMITTEE 

Gee. P. Blaakburn, Chairman 

J. Arthur Sandlin 

Richard B. Stone 

REVIEWEDFOR THE ATTORNEY CENERAL 

BY: 

w. V, Geppert