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Texas Code of Criminal Procedure - Chapter 16 The Commitment Or Discharge Of The AccusedLegal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Chapter 16 The Commitment Or Discharge Of The Accused When the accused has been brought before a magistrate for an examining trial that officer shall proceed to examine into the truth of the accusation ... The magistrate may at the request of either party postpone the examination to procure testimony; but the accused shall in the meanwhile be detained in ... Before the examination of the witnesses, the magistrate shall inform the accused that it is his right to make a statement relative to the accusation ... If the accused desires to make a voluntary statement, he may do so before the examination of any witness, but not afterward. His statement shall ... The counsel for the State, and the accused or his counsel may question the witnesses on direct or cross examination. If no counsel appears for ... The same rules of evidence shall apply to and govern a trial before an examining court that apply to and govern a final trial. Acts ... The examination of each witness shall be in the presence of the accused. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. ... The testimony of each witness shall be reduced to writing by or under the direction of the magistrate, and shall then be read over to ... The magistrate has the power in all cases, where a witness resides or is in the county where the prosecution is pending, to issue an ... The magistrate may issue an attachment for a witness to any county in the State, when affidavit is made by the party applying therefor that ... A witness attached need not be tendered his witness fees or expenses. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, ... The officer receiving the attachment shall execute it forthwith by bringing before the magistrate the witness named therein, unless such witness shall give bail for ... After examining the witness in attendance, if it appear to the magistrate that there is other important testimony which may be had by a postponement, ... The examination of one accused of a capital offense shall be conducted by a justice of the peace, county judge, county court at law, or ... Where it is made to appear by affidavit to a judge of the Court of Criminal Appeals, a justice of a court of appeals, or ... After the examining trial has been had, the judge shall make an order committing the defendant to the jail of the proper county, discharging him ... If there is no safe jail in the county in which the prosecution is carried on, the magistrate may commit defendant to the nearest safe ... The commitment in the case mentioned in the preceding Article shall be directed to the sheriff of the county to which the defendant is sent, ... A "commitment" is an order signed by the proper magistrate directing a sheriff to receive and place in jail the person so committed. It will ... Every sheriff shall keep safely a person committed to his custody. He shall use no cruel or unusual means to secure this end, but shall ... (a) Not later than 72 hours after receiving evidence or a statement that may establish reasonable cause to believe that a defendant committed to the ... Last modified: August 10, 2007 |