Untitled Texas Attorney General Opinion ( 1939 )

OFFICE OF THE AlTORNEY GENERAL OF TEXAS
AUSTIN
Bonorrblo Vi’. Loo O’Danirl
Governor of Taxar
Aurtin, Tsrar
Dear Oovornor OIDanlrl:
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
oution date are also been
into-d th by the United
d that on Ootober
e writ or certiorari,
rrstanding that on Noor-
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??RALOF 'TEXAS
By (:signed) V!alter R. Koch
Walter R. Koch
Assistant
AX’EOVXD DEC. 12, 1939
(signed) Gerald C. Mmn
AT’TORNEY CZIERAL OF TEXAS
A PX Q?XD OPIXION COXITTEE
SY 9. Y. 3. CPAIR%N.