Barnes v. State Ex Rel. Tate

FOSTER, Justice.

The only question on this petition is whether the Act of October 19, 1932 (p. 102), which amends section 3762, Code, so that witnesses shall receive 75 cents per day, instead of $1, has the effect of repealing the Local Act of February 18, 1895 (p. 673), which fixes such fees at 50 cents in Dallas county. The trial court held that it did have that effect. The Court of Appeals adopted that view also.

When the local act of 1895, supra, was adopted, it made a change in the law in respect to witness fees in criminal cases, applicable to Dallas county. The law in other counties…