No. V-0037 (1947).

• Case Date: February 21, 1947
• Court: Texas

Texas Attorney General Opinions 1947. No. V-0037 (1947). 1February 21, 1947Hon. I. B. HandCriminal District AttorneyWeatherford, TexasOpinion No. V-37Re: Fees due a Constable for transporting a prisoner from the county in which detained to the county in which charged, and related matters.Dear Mr. Hand:Your revised request for an opinion of this Department reads substantially as follows:

"1. W.W. Allen, who was indicted for forgery on three counts at the Spring Term, 1946, session of the Grand Jury of Parker County, Texas. He was not in custody at the time and was not located until later in the same year. Prior to the Fall term of Court for 1946, this subject was located at Lubbock, Texas, where he was arrested, and at that time the constable for Precinct No. 1, Parker County, Texas, traveled to Lubbock and brought the prisoner back to Parker County, Texas, where he was tried and sentenced to the penitentiary. I would like your opinion as to how much the constable is entitled to for his fees on this trip.

"2. Onice Beauchamp was charged by complaint filed in the Justice Court of Precinct No. 1, Parker County, Texas. In September, 1946, he was indicted by the Grand Jury for the Fall Term, 1946, for wife and child desertion. Following his indictment, he was located and arrested in Oklahoma City, Oklahoma. The constable of Precinct No. 1, Parker County, Texas, traveled to Oklahoma City and returned the prisoner to Weatherford, Texas, in Parker County, to answer to the indictment. He was released on bond and is presently under the supervision of the court, making payments to his former wife, but his legal status being that he is merely free on bond. I would like your opinion as to the amount of fees to which the constable is entitled, including the amount of mileage to which he is en-

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titled for going to Oklahoma City and returning with this prisoner.

"I would appreciate your opinion on the above questions, if at all possible, inasmuch as these questions arise frequently in our county and also in adjoining counties, as I have talked with the attorneys for adjoining counties, and they have been trying to solve the same question."

Article 1030, V.A.C.C.P., provides in part as follows:

2"In each county where there have been cast at the preceding presidential election less than 3000 votes, the sheriff or constable shall receive the following fees when the charge is a felony:

"1. For executing each warrant of arrest or capias, or for making arrest without warrant, when authorized by law, the sum of one dollar; and five cents for each mile actually and necessarily traveled in going to place of arrest, and for conveying the prisoner or prisoners

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