XI on the above stat- ed queastion has

ee and four OS the or~the payment of separate and'.die- the state, (8) aosf paid by th8 dofen- of Criialnul Prooeawe 0ompensstLon of any witness eubpoenasd or ettaohed &me before any oourt OT , out of the. qotity.of hfa real- felony.aeae, aad rho appears in bligatlons or eaoh reoognlaanoo B further provide0 nitnese fee* ed only to en& wltnsases aa-may have been summoned on ths 6worn written applioetioa of the State*s attorney or the defendant-or hfS attorney as prorlded in Artiols 463, Uode of Crlalnal Protiedurs, whloh sworn application mat be made at the time of the proouring of the tsttbpoena, attaohmeat for, or recogniaunoe or, the witness.

Mr. 3. Y. Cunnlnghsm, April 12, 1939, Page 2

Artiole 1036, Code of Criminal ?rocedure, supra, applies only to out of county witnesses In felony oases before the Rlstrlot Courts and hos no appll- cation as to witnesses In misdemeanor oases In the oounty courts.

ArtIdle 473, Code of Crimlnsl Procedure, pro- vides:

Where ‘a witnese reeldee out of the oounty In whloh the proseoution la pend- lng, the State or the defendant shall be entitled, either In term or In vaoatlonk to a eubpoona to oompel the attendanoe of suoh witness on epplioatlon to the proper olerk or magistrate. Suoh epplloatlon shell be In the manner end form as prwld- ed &.n Artiole 463, Code of Criminal Prooe- dure.”

The above quoted stahute~ epplles only to wit- neases In felonyoases, who reside out of the oountg In which the proaeoutlon is pendlng, and has no appli- cation whatsoever to witneaaea who reside out of the county, In which the proseontion

le pending In mlsde- meapor oaeee. . * . . s- . . . .

Relative to ooats paid by the defendant, In orlm- lnal action, Artlole 1078, Code of Criminal Procedure provides:

@Wtnesaee In orImlne1 oaaea shall be allowed one dollar and fifty oente a day for eaoh day they a’re In ettendanoe upon the oourt, and air oenta for each mile they may travel In golng to or re- turning from the plaoe of trial.”

After a therough eeardh of the statutes we are unable to find any authority that authorizes or preaorlbed the manner by whloh out of oounty wltneesee may be reoognlzed, subpoenaed or atteohed in misdemeanor oases In the oounty ootrrte, nor do we find any atatutee providing for the oompensatlon of out of county rltneeeee in misdemeanor oaaee.

bz. E. Y. Cunningham, April 12, 1939, Peee 2

You are respectfully advised that it is the opinion of this Department that the statutes do not make any provisions by whloh out of county witnesses may be recognized, subpoeneed or attached In misdemeanor oases in the oounty courts, nor do the statutes provide for the oompensation of out of county witnesses in suoh 08888.

Trusting that the foregoing answers your id- quiry, we remain

Very truly yours ATTGRH'EYGENERAL OFTEXAS Ardell Willlams Assistant, AWlAW