§ 16-21-105 - Justice of the peace to notify prosecutor of pendency of certain criminal proceedings -- Duty of prosecutor.
               	 		
16-21-105.    Justice of the peace to notify prosecutor of pendency of certain criminal proceedings -- Duty of prosecutor.
    (a)  In  any criminal action pending before any justice of the peace court,  where the defendant is charged with any offense of carrying weapons  unlawfully, unlawful sale of or being interested in the sale of  intoxicating liquors, or gambling, by affidavit or otherwise, and pleads  not guilty and secures the services of an attorney to represent him at  the trial, it shall be the duty of the justice to cause the prosecuting  attorney or deputy for the county to be notified of the nature of the  charge and of the time and place of the trial.
(b)    (1)  The prosecuting attorney shall attend and prosecute in behalf of the state.
      (2)  In  case of a conviction, the prosecuting attorney shall be allowed the  same fee as is allowed for similar cases in the circuit court. However,  no prosecuting attorney or his deputy shall receive any fee unless he  personally appears and prosecutes in the case, nor shall any court tax  any fee where such officer does not appear and personally prosecute.