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WASHINGTON v. WALKER COUNTY

No. 01-85-0543-CV.

708 S.W.2d 493 (1986)

Craig A. WASHINGTON, Appellant, v. WALKER COUNTY, the Honorable Robert R. Bagby, Auditor for Walker County, the Honorable Barbara Trigg McGilberry, Treasurer of Walker County, Individually and in their Capacities as Public Officials of Walker County, Texas, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied March 20, 1986.

Attorney(s) appearing for the Case

Sidney J. Braquet, Washington & Randle, Houston, for appellant.

Frank Blazek, Dist. Atty. of Walker Co., Robert J. Choate, Asst. Dist. Atty. of Walker Co., Huntsville, for appellees.

Before JACK SMITH, SAM BASS and DUNN, JJ.

OPINION

JACK SMITH, Justice.

This is an appeal from the denial of a writ of mandamus. Appellees refuse to issue payment to appellant in the amount certified by a district court judge for the defense of an indigent in a capital murder case. Appellees maintain that payment is prohibited under the Texas Constitution and that the State, not Walker County, is required to make payment. The trial court denied the writ.

Appellant, an attorney and state legislator...

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