Texas Code of Criminal Procedure 11.38 – When a Prisoner Dies
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Terms Used In Texas Code of Criminal Procedure 11.38
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
When a prisoner confined in jail, or who is in legal custody, shall die, the officer having charge of the prisoner shall forthwith report the same to a justice of the peace of the county, who shall hold an inquest to ascertain the cause of the prisoner’s death. All the proceedings had in such cases shall be reduced to writing, certified and returned as in other cases of inquest; a certified copy of which shall be sufficient proof of the death of the prisoner at the hearing of an application for a writ of habeas corpus.