Case Information

*1 380 . .

OFFICE OF THE ATTORNEY GENERAL OF TEXAS

AUSTIN

G-c.wu(II A-QP(uu

Honorable Andrew J. Hiakey

County Auditor

Ylotorla county Vlotoria, Tem8 (“>\, \ ‘\,

::ys*z O c Dow Sir: 1s Ylotorla

olro~~ 08 County reaulre m&lb L Dswitt

Your reoent

on the queatlon u la he

0 olmmtanee6 18 Vlotorla Oounty mwitt county SO? the Jury In the trial of the above case?' "Rape my be proseouted fa.the oounty ln

vhioh it 1s oommltted, or in any oountp of the

judialbl dlstrlot in vhloh It 18 oonrmitted, or in

co-t of the Judlolal dltatrlot the judge o?

%I v oh rem &a nmrert the oounty seat of ths

oouaty in vhlah the otfeme le aommltted. When *2 Honorable Andrew J. Xilokey, Page

the judicial dfatrlct comprises otiy one oounty, proaeoutlona nmy be conmnced and aarrled on in that oounty, if the offense be committed there, OF in any adjoining oounty. When it shall cow to the knovledge of any district judge vhoar oourt has jurirdlotlon under this article

rape has probably been oommltted, ha shall lnmm- diately, if his oourt ba in 5655ion, and lf not ln ae6alon, then, at thm first term therearter in any county of the district, oall the attsn- tion of the grand juryth6reto~ and, lihia oourt be ln 86881on. but tha grand jury hu baen discharged, ha shall lmmedlately reoall said grand jury to lnvetltlgate the aoouaatlon. Pro- aeoutlona for rape shall take preaedence ln all oaaete in courts; a.4 the dlstrlot courts are authortied aad directed to ahangs tha venw ln aueh cases whenever it shall be necessary to aeour6 a speedy trial. o

Ye quote from Texas Jurlaprudenoe, Vol. 3.2, page 443, BS r0iiaw5t

(I . . ..Venuo ln a criminal oaae awna the pl500 ln vhloh pm#eoutloPr MO to begin. Oen- erally apeakiqg, there la a d.latlnotlon between juriadiotlon o? thQ subject matter 8nd venue.

By the oonuaon lav Crimea are local,to br proae- outed ln the county of their conunlaalonn, and only in such oounty can the grand jury Znqulre of them. But there la no provlalon or the state or rederal oonatltutlona prohlbltlng the legislature in a county other from authorlslng a proaeoutlon than the one vhere the oifenae vaa oommitted and it has done ao ln sow lnatanoer. For exanw 8, i the oode provides that~ raps msy be proaeouted in the county In vh%oh it la oommltted, or in any county o? the judlolal dlrrtrlot in vhloh It is oomnltted, or ln any oounty of the judlolal die- trlot the judge of which resider neareet the county scat of the county in vhloh the offense la aommlttedj and &la provision has upheld 818 ooMtltutloti.

,

Honorable Andrev J. Bjokey, Page Vi0 tori8 County and DaUltt County me in the wma Y namely the 24th Judlcal Watrlot of Texas,

judicial dietriot,

Articles 1050 and 1051, O&de of Criminal F+rocedure, aa Pollova: read

“Az!t. 1050. In 811 oauaea vhere lndlotmenta have been presented against persona in one county and auoh causes have been removed by ohange of venue to another county, and tried there& the county from ubioh ruch cawo is removed u&l1 be liable for oxpenaoa lnourred l’or pay for jurors in trylug auoh oawea.

“tit. 1051. The oouuty oomnlaalonera of eaoh county at eahh regular meeting aball aaoertaln whether, since the laet regular meting, any per- son has been tried for arlme upon a ohange o? venue If they find suuh to be the from any other county. they shall make out an account againet such cause was removed shoving oounty from vMQsuoh the number of days the jury in such oaae was employed therein, and setting forth the amount paid Par auah jury aervioej such acoount shall then be certified to as come% by the county judge of such county, under his hand and seal, and be, by ~&II, PomWded to the oounty judge of the county from whloh the said cause vas removedj whlah account shall be paid in the mne manner as accounts for the safe keeping of prlsonera . *

Article 1056, code of Oriminal Procedure, mads in Se t0110vs: purt /

‘Eaoh juror ln the diatzlot or ariminal dla- tpiot court, county oourt, or county oowt at lav, except apeolal venlremen vhose pay is nov Nxed by law, ahall reoelv8 three dollar8 for eaoh day and for #ah fraotlon of a day that he msy attend se l uah jwbr, to be paid out of the jury fund of the county ln vhioh he may so serve. . .Z.. ” :,: It vi11 be noted that under Artlole 1050, aupra, in all oaaea vheti lndlotmenta have presented agaUmt *4 Honorable Andrev S. Hlckey, Page 4

peraons la one county and such case5 have been removed by ohange of v8nue to another county and tried themin, the oountp from vhlch such cau56 Is removed shall be liable for all expenses incurred for pay of jurors In try- euoh cases. Rovever, no statute that V8 have been able to find requires the county Uher8 th8 Of'f8n58 ha5 been commftted to pBy the jury fees above mentioned vhere venue has been given to other counties as in the of rape by Article 207, Code of Crlmln- al Procedure, supra.

la vlev of th8 toregoing statutes, you are respect- fully advised that It 15 the opinion of this department that Victoria County 15 not ll86le for the jury fees expended in the trlal of the ebove msntloned case ln DeWltt County under the facts stated in your lnqtiy.

Trusting that the foregoing fully ansvers your ln- qulry,ve are

very truly yours ATTORHBY OEIIEF3kL OF TEXAS Ardell Wlllfams Assistant