19-3009 COMPULSORY ATTENDANCE OF WITNESSES.

TITLE 19

CRIMINAL PROCEDURE

CHAPTER 30

WITNESSES IN CRIMINAL PROCEEDINGS

19-3009. Compulsory attendance of witnesses. No person is obliged to attend as a witness before a court or magistrate out of the county where the witness resides or is served with the subpoena, unless the judge of the court in which the offense is triable, or a justice of the Supreme Court, or a probate judge, upon an affidavit of the prosecuting attorney or prosecutor, or of the defendant or his counsel, stating that he believes the evidence of the witness is material, and his attendance at the examination or trial necessary, shall indorse on the subpoena an order for the attendance of the witness.