Case Information
*1 GENERAL March 24, 1939 Ron.-Thos. R. Chandler
coiintg Attoflley
Robertson CoMitg
Franklin, Texas' Qpinioii No a, Q-glQ
Dear Sir: . ~~ "Re: Are @at oicaun~y~~ltnesees'en; _i ~tltled to fees ana &p&nses for.
appearing befors,a:&Ourt‘of In- a felony case? quiry Investigating
Your'tibquestfor an 6plnlbn on then %~bovti stated question has ~been received by this office.
Your'Gtter.r&aas~ in’ p&&t 6s~foll6wal __ "A short time ago 1% was nec&ssa+y for me to determine whether or not certaln.pu~- ported wltne&3es~,weM Ln poasess,i,on of lnfor- &iatlon ~that was~tiery~lmpbrtant‘ln a felony matte&In this Coutitg and I request&l our ~' JustI& of the Peace In the Ptieclnct‘nearest to this County to'hola a court of Inquiry ana subpoenaed sala uitnesses and he issued a sub- pobna'&ummonlng said witnesses~ beford him at '~ that date and said witnesses were summon'ed by the Sheriff of the adj,olnlng County and'said witnesses appearing and testified under Oath and their testimony was reduced to writing." Articles 886 and 887, Code of Crimlnal,Procedure read as follows:
“Art. 886. When a justlee of the peace has.good cause t.o believe that an offense tia~s been, 6r Is about to be, committea against the laws of this State, he may tiummon and examine any witness in relation, thereto. If It appears from the statement Of any witness that an offense has b,een committed, the jus- tice shall reduce said statements to writing and cause ,the same to be sworn to,by each witness making the same; andi issue & w&rant for the arrest Of the offender, the same as if complaint had been made and filed."
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Hon. Thos. R. Chandler, March 24, 1939, page 3 O-510
Very truly yours ATTORNEYGENERAL OF TEXAS .~ By s/drcIell Wlllliims Ardel~~Wllllams Assistant ,,
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APPROvEDi ~'
s/W.F. Moore fwroRRxY GErwuL OF TExAs (FIRST ASSISTANT) ., :