eeoond thir “1 have been Info

one Harry Lacy was giv

murdet by the is

ty, Texas, and t,

July le. ) 1939.

Bald Harry Lao

tion in acoor

Constitution are also been

oution date into-d th by the United d that on Ootober e writ or certiorari, that on Noor- rrstanding re-eentenoed and given l Dlstriot Court or Pant- the exeoutfon date 8et for e foregoing information I would like or or not I hare the authority under 3ection 11, Artiole 4, Comtitution or Texas, to grant Harry Laoy another thirty (30) day 8tay of oxsoution.w

The applicable part O? Artiale 4, Section 11, Of the Constitution of Texas (which was adopted at eleotion Rovsmbber 3, 1936) roads:

Konorablr :V. Lee OIDanlol, Page 2

‘The Covernor shall have thr power to grant one reprfera in any oapltal oam ror a period not to exceed thirty (30) day8; , . ." As statad in your latter, you have already exer- cfeed the power siren you by thla constitutional provision to grant wone reprieve*. The Laot that a petition for writ of Certiorari has been denied by the Unltrd State8 supreme Court in the aeantinm doe8 not conetituto thir a dirrerent “oapital ease” rrom the one in which you granted Harry Laoy a thirty (30) day atay of exoaution on July 11, 1939. It is, thererom, our opinion that you do not have authority to grant Harry Lacy another thirty (30) day stay of exeou- tion.

Yours very truly ATTOl-NEY GD??RAL OF 'TEXAS By (:signed) V!alter R. Koch Walter R. Koch Assistant DEC. 12, 1939 AX’EOVXD (signed) Gerald C. Mmn

AT’TORNEY CZIERAL OF TEXAS

A PX Q?XD OPIXION C OXITTEE

SY 9. Y. 3. CPAIR%N.