Untitled Texas Attorney General Opinion ( 1947 )

Son. A. C. Winborn
Crimiml District Attorney
semis county
Houston3 Texas opinion wo, V-365
He: Wecessity’ k’oi advice .
from the County Health
Ofricer or other phy- *
sioian as to aa autop-
sy ,in~.inquest cta5mb
Dear Sir:
We m&r to your letter or August 11, 1947,
tst.uhloh you, a&k: I :
lqfs the Zustice of the ?eace, In all
Laquebt oases, required to call in the
County Health Officer:. or other physician,
and ask hls opinion and advice as to the
nedessity of an autopsy?”
Articles 968 971 of the Code of Criminal
to
Procedure3 as amndrd in louse IL111 Ho. 217, by the 50th
Legislature, and .articles 972 to 972 of said code per-
tain to h0lai5g inquests, Article 968 makes it the duty
of the Justice of the &ace to held an inquest when a
persoa dies in pri6cin’or in jail, 15 killed or ?ron any
oau8a die8 an unnatunt‘~dsath except under sentence or
law; or in the abwnW of a witness or in oases in which
the wolrcumstanoesn of death of unknown,
Seotions 6 and 7 of that article were added
by said irouse Dill Wo, 217, and authorize aa inquest
when a person dies without having been attended by a du-
ly licensed and practicing physician aMthe local health
officer does not know the cause of death, and also when
a person dies, who has been attended by a physician who
does not know the cause of such death, Such inquests are
to be hela at the request of the local health offioer or
of an institution in which such person may die, for use
or vital statistics records, Such officer or institution
is not authorized to. require an autopsy.
L .
Eon. A. C. Vinborn - Page 2 (y-365)
Article 910, Code of Criminal Procedure,
1925, reads:
*Upon an inquest held to ascertain
the cause of death, the Justice shall, if
he deems it necessary, call in the county
health officer, ors if there be none* or
if it be impracticable to secure his ser-
vices, then some regular physician, to
make an autopsy in order to determine wheth-
er the death was occasioned by violame;” and
if so, its nature and character. The county
in which mch inquest and autopsy is held
shall pay to the physician making such autop-
8y a fee of not less than ten nor more than
fifty dollars, the excess over ten dollars
to be determined by the comissionersq court
after asce,rtaiaing the aaount ‘arib nature of
the work performed in making such autopsy,*
Seid Article 9?0, .as amended reads:
if there -be none or if it be impraaticable
to securo his aervioess then some duly li-
oensed and praotfcing physician who is tmiaed
in pathology, to make an autopsy in order e
determine the cause of Ueath, and whether
death was from natural causes or resultedfrcm
violence, and the nature and character. of ei-
ther of them. The oounty in which such in-
quest and autopsy is helh shall pay to the
physician mating such autopsy a fee of not
more than One Hundred Dollars (#loo) 3 the a-
mount to be determined by the aoakis5ionerss
court after ascertainLog the amount and na-
ture of the work performed in making such
autopsy. * (Emphasis adds&)
Eon. A. 0, Yinborn - Page 3 (V-365)
Article 972, Code of Criminal Procedure,
reads:
me justice shall act in such cases
upon information given him by any credible
person or upon facts Wthin his own knonl-
edge DR
In Pierson vs Galveston Countyi 131 3, W,
(2d) 27, it is held that a coroner must determine wheth-
er Articles 962-989) Code of Criminal Procedure, con-
template the holding of an inquest in a partiaalar 0888,
and, generally, that the decision as to whether an in-
quest shall be held, rests in sounC discretion of the
coroner; and that the purpose is to furnish a foundation
for criminal prosecution.
In Aetna Casualty and Surety Co. vs. Lane,
132 Tex. 280, 121 S. :I. (26) 986, the Supreme Court held
that Article 970 oontemplates that a justloe, in raach-
ing a oonclusion that an autopsy is necessary, shall bb
governed by Article 912, providing that the justice shall
act upon information given him by any credible person or
upon facts within his own knowledge1
Xe are of the opinion shat Article 970 of
the Code of Criminal Procedure as amended in Houst Bill
No. 217, passed by the 50th kglsiature: requires Jus-
tices of the Peace to procure the opinion and advioe of
the County Health Officer or other physioSan, to be con-
sidered by him in reaching his decision as to the neces-
sity of an autopsy to determine the cause of death, but
his decision in that regard is *T4tZn
.v; his own discretion,
.
A Justice of the Peace is required to
call in the County Health Officer OF other
physician in all cases of inquest to ascer-
tain the cause of death: but his finai.
. ”
Hon. A. C, iTinborn - Page 4 (V-365)
decision in the case is within his own
discretion. Art. 970, C.,C,Pd
Yours very truly,
ATTORNEYGENERAL
OFTEXA3
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