Texas Attorney General Opinion: WW-27 Page: 1 of 3
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AUSTIN 11x, TIExAs
VILL WILSON
February 18, 195T
Hon. J. E. Winfree, Chairman
Committee on Criminal JUrisprudence
House of Representatives
Austin, Texas
Opinion No. W-27
Re: Effect on extradition
proceedings of H. B.
57, which would amend
Art. 602, V. P. C., so
as to reduce the first
offense of wife and
6hild desertion to a
Dear Mr. Winfree: misdemeanor.
Your request for an opinion reads as follows:
"Would the reduction of the penalty for the
first offense of wife and child desertion from a
felony to a misdemeanor have an adverse effect on
extradition proceedings and make it, more diffi-
cult to obtain extradition under the Uniform Re-
ciprocal Enforcement of Support Act?"
This opinion is limited to the legal effect on extradition
proceedihgs, and does not' purport to comment on the practical
effect on such proceedings, if any, which may arise as a result
of reducing the first offense of wife and child desertion to a mis-
demeanor.
The section of the Uniform Reciprocal Enforcement of Support
Act' pertaining to the extradition of persons charged with failure
to provide support (Sec. 5, Article 2328b-2, Vernon's Civil Statutes)
describes the offense as a crime. It does not distinguish between
a felony and a misdemeanor. T Uniform Criminal Extradition Act
(Article 1008a, V. C. C. P.) provides for the inter-state rendition
of "any person charged with"treason, felony, or other crime." (Em-
phasis added.) "The word 'crime' of itself includes every offense,
from the highest to the lowest in grade of offenses, and includes
what are called 'misdemeanors' as well as treason and felony." Ex
arte Kentucky v. Dennison, U. S. Sup. Ct., 24 How. 66, 16 L. Ed 717
11-).
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Texas. Attorney-General's Office. Texas Attorney General Opinion: WW-27, text, February 18, 1957; (https://texashistory.unt.edu/ark:/67531/metapth266637/m1/1/?rotate=270: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.