Prater v. State

BAMSET, Judge.

This was a motion to retax cost. In addition to the sum of $10 allowed the clerk, there was taxed the sum of $10, fee allowed the attorney-general in misdemeanor cases, as well as costs for issuing writ of execution and return thereon.

The motion questions the legality of these items and the authority of this court to adjudge these sums against the sureties on appellant’s recognizance. In the case of Arbuthnot v. State, 38 Texas Crim. Rep., 509, it was held that these fees are legitimate items of costs taxable against appellant and his sureties, where the judgment has been…