Texas Attorney General Opinion: O-5345 Page: 4 of 5
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Honorable S. C. Smith, page 4
Articles 441, 453 Code of Criminal procedure, and Loyd v.
State, 159 5. V. 24) 872.
Article 7 of the Code of Cri-mial procedure akes
it the duty of a l peace officers to arrest offenders without
warrant in every case where they are authorized by law. City
marshals are peace officers. Articel 36, Code of Criminal
Some of the principal statutes, authorizing arrests
without warrant by peace officers, are Articles 212, which also
authorizes "any person" to make an arrest without warrant in
instances therein named, 21, 215, 244 of the Code of Crimilna
Procedure and Articles 156, 487, 652a (Se+. 10), 646 (sec. 5),
end Artie 803 of Veranon' Penal Code.
In view of the decision of the upraee Court in
Newburn v. Durham, supra, the statutes, and other authorities
eited, we are of the opinion that the power of arrest possess-
ed by a city marshal extends to the whole county and beyond
when acting under a lawful warrant or capias; n that within
his county, he may an arrest without a warrant in all
instances where the sheriff of his county is authorized by
statute to make arrests without a warrant, and in some in-
stances, not necessary here to particularize, may aske arrests
within his city without a warrant which the sheriff is not
authorized to make. Bennett v. State 136 Cr. R. 192, 124
8. V. (2d) 359; Conginental Casualty o. v. iller, 135 V.o
We wv nov consider the right of a city mashal to
collect statutory fees where he makes an arrest without the
city limits with or without a warrant.
Keeping in mind that a city marshal is a peace of-
floer and our answer to your first question, we direct your
attention to certain articles of Vernon's Code of Criminal
Procedure. Article 1065 prescribes certain ree allowed to
aheriffs or other peace officers in misdemeanor cases. Arti-
cle 1067 provides as rollovws
"Constables, marshal or other peace officer
who execute process and perform services for jus-
tices in criminal actions, shall receive the same
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-5345, text, 1943; (https://texashistory.unt.edu/ark:/67531/metapth262616/m1/4/: accessed March 22, 2019), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.