OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

Konorable Gsorgs H. Sheppard 

Comptroller of Pub110 Aoaounte 

Austin, Texas 

Dear Sir; 

ould 

and 

eriif 

re010 

Your letter 

ion OS this depart3 

requesting an opln- 

. His 0888 

released : tram 

e -date was 

aorumotion with the reand his habeas oorpua prooeadin a letter addressed to thin 

6 by San Uleveland, Distrlot 

AVilb, Tsxacas, rhioh letter Is 

ohn Ednaadson, Sheriff of Palo Pinto 

Oounty, presented hle olaim ror mileage in retnm- 

‘Y 

Rayburn from Harris County to Palo Pinto County 

th a department refused payaent of aafao on the 

ground that ths bondsmen wers liable for thst fss. 

Hr. Cleveland alaim that thla department is In 

error in that partioular and alaim that the bonddmen were dlsoharged when R@NWA was arreeted in 

fiarri 8 County, 
Honorable George R. Sheppard, Page 2 

“I will thank you to advise whether or not 

the Stat. should pay the mileage and sxponae aooouut OS the Sherifr or Palo Pinto County ror returning faok Rayburn to Palo Pinto County under 

the faota stated in this letter and ths attached 

letter from the Distriot Attorney at Stephenvillo, 

Texan.” 

The letter of the Distrfot Attorney of 3tephentillo, 

addreesbd to your department and referred to in your request, 

after omitting the argumentative portion, reada as followe! 

7011 have reoeatly had for oontdderation the 

aooount of the sheriff of Palo Pinto County in 

whioh a afd aooount them war an itea relative to 

wnreylng Jaok Rayburn from Harris County to Palo 

Pint.0 county. 

&burn was indioted in 1932, oonvioted ln 

1937, his ease was appealed and thereafter afflrmedl and upon the mandate being r&mmed by 

the Court. of Criminal Appeals he waia subjeot to 

arrest and delivery ta the penitentiary authorities. l . . 

“Rayburn uas resently looated in Earrlr County, 

end was arrested upon the not ioe whloh had been 

plaoed in the hands of all ofiioers early in 1938 

after his ease was afftirmed, After his reoent arrest he waa oonflned in jail in Harris County, the 

prison authorities were notified, and they were 

ready and willlng to piok him up iA Harris County 

and oonvep him to the prleon at Riuntsville. . . 4 

‘0~ the other hand Rayburn at this stage, had 

the right to have his 088% reviewed oa his applioation for a writ of habeas oorpue, whioh he filed 

in Efarrin COMty. l . l 

-Upon the ifling of his # cation in Barris 

County the WUWJ wae heard by t 8w:t who deterPined that Surisdiotlon was la 0 Pinto count 

itf$$#g&th” oasg transferred there. for fi Aai 

. . . 
359 

Honorable George R. Sheppard, m* 3 

The sort ulain(( oat of t&e retural~ of Jaok Rayburn to Palo PiAt0 Ooplrty imr Harris CountJ was due to the 

faot that the eaid Raybura had filed his applloation for a s 

writ of habeas oorpue in Earrle Uouat;l led t& OIPSS was 

transferred to Palo Pinto Oouaty. El8 ruaoval w&e IndopeAdMt and had AO oonneotion whatsoever with the main oaee uAdar 

whioh he was eonrioted or with the mAdate of the Court of 

Criminal Appeals, but his treaefer arose eolely out of t&e 

habeas oorpw proceeding. 

Artlole 1W Oode of OrImiAal Proooduro, Ohapber 7, 

Title 3, reads as f&u81 

9lha the return of the uril, hne boa mde 

and the applioaat brought before the oourt, he 1s 

no longer dotaflwd oa the original rimrant or pro8888, bat under the rtlthorlty o? the ktabew 6orpw. 

The lafekeep 

2 

of the prisoner, pendl~ the emsiAntion or hea ne is entirely tmder the direotioa 

and authority of the judge or oourt leanly the 

writ, or to whloh thr return is mado. Ho nay be 

bailed from dey to day, or bo nntandod Co t&o same 

jail whence he oam, or to Amy other plae8 of l afe 

keeping under the oontrol of the JW4ge or eorut, 

till the eaee is fixmlly determined.” 

A habeas oorpue prooeeding Is a prooeedlAg tbt 18 

IndepertdeAt o? the originll oauee and the ooete a?181 

lnourring out or euoh a preoeedlag ehould not be oonri “g ered Or

as oorte of the rain oarsa Thi8 olnt is browht out in the 

oa6e of YoCoraiok t. Sheppard, 1 28 Tex. 29, b6 S. I. (24) Uj, 

in whioh t&o oerrt stated as follower 

A writ or habeas oorpw lies when a 

pereo~~i~ ~etralaed ef his liberty reg6rdleer of 

the offense oharged. A Jmbeae oorpue proeeadiag 

I8 Independent or thr offsA oharged, . . , we 

think that prooeediaga for write of habeae oorpw 

are to be regarded a8 IA a epeoial 0111811, and the 

ooete lnoldent thereto ale not to be rogarded as 

ooate in the maln ease. mo date r0r various reaeons 18 peouliarlr 1ntereated in proteotfag the 

liberty of the individual. In muq inetanoee the 

leeuanoe of the writ 18 oaloulated to lvllen the 

6tate or ooonty fro8 large rxpmm*. There ir thetafore ample ooaslderatlon to authorlse the payment 

or the fee by the state, . . .” 
Slaae the offiooro of Pale PInto Uouatr aro 00~ 

Pellootod on R fee baolo, otld tho eount~ havlly o popalatloa 

of 18 458 aooording to the lad 0OnOUO, Arti low, Cod0 

or Or Linti Proo8dar0, Chaptor 2, Title 15, 10 the proper 

artfolo to aonoldor in dotormin.lkq tha roei 0r its ohorirf 

and aonotable. This artiole, in part, protldoo: 

” 

. . . . 

% ?or attod a prleoaer on habeas eorpuo, 

for eaoh day four together with mIloa&o 

as provided in oubdl+loloa 3, uWm ram7 

7 

ouah 

plooner out or tho oorutty OBdor an ord*r osued 

by a dlotrlat or rppellatr judge.* 

8Pbdltiolon 5 roforrad Co ln Seatioa 8 oi MIale 1030, oapra, roads in part am tollowor 

. protldod, that La oountiro that km a 

pOpUlOk~O'Oi 1000 thu forty thOUOalid inhobitanto, 

as ahowa by the preobdiryl Podaral oanouo, the rollowing roe0 shall apply8 For raoh Irile thm 0rri0er 

may be oompellod to travel in l r eeutin arlainal g 

pmoeoo, owaonlq or attaahlng wltaeeoeso, ton 

aento~ provided, that ia no aaoe oh0l1 h0 be allowed to doplloatr his raileage whan.two or mom 

witn00000 ar0 named in the oa58 or dirrermi writs 

in any 0880 emd ho oh0l1 l orvo proaoso 08 thOm in 

the same tlolnltg or neighborhood, duriql6 %a ~saao 

trip, ho shall not ohargo a&lea60 for soning oaoh 

witness to ad tror th0 oouaty Oeat, but shall 

oalr ohargs one aileago, and ror suah additioml 

miles oalr as aro aotuallJ and noa~osarll~ tra+c4ad 

In ounaanlng or attaching eaoh additional wltneeo. 

Whan prooeos lo sent by mall to any offloor away 

tror the oountr seat or returned br mail br suoh 

orricer, he ohall only bo allmod to ohargo lairoa6. 

ror the miloo aatually traveled by hti In rxaoutlng 

0~0h pr0000o, atid th0 roturn 0r th0 0rri00r ohall 

show the ohamotor of the oaniee and the tiles 

aotuo.llT tnralbd ln l aoordaaao with this oubdiriolon; and his l ooeunto shall show the iaato.’ 

When th0 oOU?t Oi &rriO OOUfbtJ trUOfOrd the 

oaoe to Palo Pinto County, it bweur the Oourt’o duty to 
363. 

Honorable George H. Sheppard, Paso 5 

deliver thadoreadeat to the sheriff or that oogitl, The 

l hmrifi of Palo Pinto Oountr nent to Harris Count7 took Jaok 

Rayburn into auotody and transported him to Polo P&o County. 

It is thorstore the opinion or this department that 

thn l herlfi or Pclo Pinto County, tier the raoto stated, lo 

mtitled to ree0 rmm the state ror his aeniooo in rrtwning 

Jaok Rarbburn from Rarrio County to Palo Pinto County as provlded IE Artiale 1030, oupr8, 

Yours tery truly