Texas Attorney General Opinion: C-305 Page: 1 of 3
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AUSTIN 1. TEXAS
WAGGONER CARR
-RoN- V 4C.xRAN., August 31, 1964
Honorable Jimmy Morris Opinion No. 0-305
County Attorney
Navarro County Courthouse Re: Where the trial of a de-
Corsicana, Texas fendant in a criminal case
results in a hung Jury and
upon subsequent trial the
defendant is convicted, is
the defendant taxed one or
Dear Mr. Morris: two jury fees?
You have requested ,an official Opinion from this depart-
ment concerning the following question relating to the defen-
dant's liability for a jury fee in a justice court:
"If a jury cannot agree on a verdict and
is hung, and then another jury is impaneled
and the defendant is convicted, is the de-
fendant taxed with two jury fees or just
one?"
Article 1075 of the Code of Criminal Procedure provides:
Jury fee in justice court.
nIf the defendant is convicted in a crimi-
nal action tried by a jury in a Justice court,
a jury fee of three dollars shall be taxed
against him." (Emphasis added)
Article 1073 of the Code of Criminal Procedure provides:
In district and county courts.
"In each criminal action tried by a jury
in theCTtrict or county court, or county
court at law, a jury fee of five dollars
shall be taxed-against the defendant if he
is convicted." (Ephasis added)
It is fundamental that no cost or fees may be taxed
against a defendant in a criminal case where he is acquitted.
(See attached copy of Attorney General's Opinion 0-1773.)-1458-
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Texas. Attorney-General's Office. Texas Attorney General Opinion: C-305, text, August 31, 1964; (https://texashistory.unt.edu/ark:/67531/metapth268724/m1/1/: accessed July 1, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.