Payment shall not be made out of the state treasury to a witness attending for the Commonwealth in any prosecution for a misdemeanor unless it appears that the sum to which the witness is entitled cannot be obtained:
(1) If it be a case wherein there is a prosecutor and the defendant is convicted, by reason of the insolvency of the defendant, or
(2) If it be a case in which there is no prosecutor, by reason of the acquittal or insolvency of the defendant or other cause.
Code 1950, § 19.1-314; 1960, c. 366; 1975, c. 495.
Structure Code of Virginia
Title 19.2 - Criminal Procedure
Chapter 20 - Taxation and Allowance of Costs
§ 19.2-329. Allowance to witnesses
§ 19.2-330. Compensation to witnesses from out of Commonwealth
§ 19.2-331. When Commonwealth pays witnesses in case of misdemeanor
§ 19.2-332. Compensation to officer or other person for services not otherwise compensable
§ 19.2-333. No state fees to attorney for the Commonwealth
§ 19.2-336. Clerk to make up statement of whole cost, and issue execution therefor
§ 19.2-337. Claims not presented in time to be disallowed
§ 19.2-338. Collection by town of cost of transporting prisoners