Case Information
*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
Konorable Gsorgs H. Sheppard
Comptroller of Pub110 Aoaounte
Austin, Texas
Dear Sir;
ould and eriif re-
Your letter requesting an opln- ion OS this depart3
. His 0888 released : tram e -date was aorumotion with the re- and his habeas oorpua prooead- in a letter addressed to thin 6 by San Uleveland, Distrlot Tsxacas, rhioh letter Is AVilb, ohn Ednaadson, Sheriff of Palo Pinto Oounty, presented hle olaim ror mileage in retnm-
Rayburn from Harris County to Palo Pinto County th a department refused payaent of aafao on the ‘Y ground that ths bondsmen wers liable for thst fss.
Hr. Cleveland alaim that thla department is In error that partioular and alaim that the bondd- men 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 ao- oouut OS the Sherifr or Palo Pinto County ror re- turning 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, reada after omitting the argumentative portion, as followe!
7011 have reoeatly had for oontdderation 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 af-
flrmedl and upon the mandate being r&mmed by the Court. of Criminal Appeals he waia subjeot to delivery ta the penitentiary author- arrest ities. 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
after his ease was afftirmed, After his reoent ar- rest he waa oonflned in jail in Harris County, the and they were prison authorities were notified, ready 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 appli- oation for a writ of habeas oorpue, whioh he filed in Efarrin COMty. l . l cation in Barris
-Upon the ifling of his # County the WUWJ wae heard by t 8w:t who deter- Pined that Surisdiotlon was la 0 Pinto count there. for fi Aai itf$$#g&th” oasg transferred . . .
359 Honorable George R. Sheppard, m* 3 of Jaok Ray-
The sort ulain(( oat of t&e retural~ burn to Palo PiAt0 Ooplrty imr Harris CountJ was due to the for a faot the eaid Raybura had filed his applloation s writ of habeas oorpue in Earrle Uouat;l led t& OIPSS was transferred to Palo Pinto Oouaty. El8 ruaoval w&e IndopeAd- Mt and had AO oonneotion whatsoever with the main oaee uAdar the mAdate of the Court of whioh he was eonrioted or with 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 rimrant or pro- no longer dotaflwd oa the original 8888, bat under the rtlthorlty o? the ktabew 6orpw.
The lafekeep of the prisoner, pendl~ the emsi- 2 Antion or hea ne is entirely tmder the direotioa of the judge or oourt authority leanly the writ, or whloh thr return is mado. Ho nay be from dey to day, or bo nntandod Co t&o same bailed jail whence he oam, or to Amy other plae8 of afe keeping under the oontrol of the JW4ge or eorut, till the eaee is fixmlly determined.” A habeas oorpue prooeeding Is a prooeedlAg tbt oauee the ooete a?181
IndepertdeAt o? the originll out or euoh a preoeedlag “g Or lnourring ehould not be oonri ered as oorte of the rain oarsa Thi8 olnt is browht out in the t. Sheppard, 1 28 Tex. 29, b6 S. I. (24) Uj, oa6e of YoCoraiok t&o oerrt whioh stated as follower habeas oorpw lies when a
A writ of pereo~~i~ ~etralaed ef his liberty reg6rdleer the offense oharged. A Jmbeae oorpue proeeadiag I8 Independent or thr offsA oharged, . . , we think that prooeediaga for write of habeae oorpw are be regarded a8 IA a epeoial 0111811, and the ooete lnoldent thereto ale not to be rogarded as r0r various in the maln ease. mo date ooate rea- eons 18 peouliarlr 1ntereated in proteotfag the liberty of the individual. In muq inetanoee the leeuanoe of the writ 18 oaloulated to lvllen
6tate or ooonty fro8 large rxpmm*. There ir theta- fore ample ooaslderatlon to authorlse the payment 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 low, Cod0 of 18 458 aooording the to lad 0OnOUO, Arti 10 the proper 2, Title 15, or Or Linti Proo8dar0, Chaptor to aonoldor in dotormin.lkq tha roei 0r its ohorirf artfolo and aonotable. This artiole, in part, protldoo:
” . . . . ?or attod
% a prleoaer on habeas eorpuo, together with mIloa&o for eaoh day four as provided in oubdl+loloa 3, uWm ram7 ouah plooner out or tho oorutty OBdor an ord*r osued by a dlotrlat or rppellatr judge.* 5 roforrad Co ln Seatioa 8 oi MI-
8Pbdltiolon ale 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 rol- lowing roe0 shall apply8 For raoh Irile thm 0rri0er l reeuting arlainal may be oompellod to travel or attaahlng wltaeeoeso, ton pmoeoo, owaonlq aento~ provided, ia no aaoe oh0l1 h0 be al- his raileage whan.two mom lowed to doplloatr ar0 named in the oa58 or dirrermi writs witn00000 in any 0880 emd ho oh0l1 l orvo proaoso 08 thOm in duriql6 %a ~saao the same tlolnltg or neighborhood, for soning trip, ho shall not ohargo a&lea60 oaoh ad witness tror th0 oouaty Oeat, but shall oalr ohargs one aileago, 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 away to any offloor tror the oountr seat returned br mail br suoh ohargo lairoa6. orricer, he ohall only bo allmod traveled by hti In rxaoutlng ror the miloo aatually 0~0h pr0000o, atid th0 roturn 0r th0 0rri00r ohall show the ohamotor of the oaniee the tiles aotuo.llT tnralbd ln l aoordaaao with this oubdiri- olon; and his ooeunto shall show the iaato.’ When th0 oOU?t Oi &rriO OOUfbtJ trUOfOrd
oaoe to Palo Pinto County, it bweur the Oourt’o duty to
363.
Honorable George H. Sheppard, Paso 5
deliver thadoreadeat to the sheriff that oogitl, The l hmrifi of Palo Pinto Oountr nent Harris Count7 took Jaok Rayburn into auotody and transported him to Polo P&o County. the opinion this department
It is thorstore thn herlfi or Pclo Pinto County, tier the raoto stated, lo mtitled ree0 rmm the state ror his aeniooo in rrtwning Jaok Rarbburn from Rarrio County to Palo Pinto County as pro- vlded IE Artiale 1030, oupr8,
Yours tery truly