19-3107. DISCONTINUANCE OF EXAMINATION. If the prosecuting attorney or other counsel appear on behalf of the people, and it is shown to the satisfaction of the magistrate, by affidavit or other proof, or on the examination of the witness, that he is not about to leave the state, or is not sick and infirm, or that the application was made to avoid the examination of the witness on the trial, the examination cannot take place; otherwise it must proceed.
History:
[(19-3107) R.S., R.C., & C.L., sec. 8166; C.S., sec. 9146; I.C.A., sec. 19-3007.]
Structure Idaho Code
Chapter 31 - EXAMINATION OF WITNESSES CONDITIONALLY
Section 19-3101 - WITNESSES MAY BE CONDITIONALLY EXAMINED.
Section 19-3102 - GROUNDS FOR EXAMINATION.
Section 19-3103 - CONTENTS OF APPLICATION.
Section 19-3104 - MAKING OF APPLICATION.
Section 19-3105 - ORDER FOR EXAMINATION.
Section 19-3106 - PROCEEDINGS IN ABSENCE OF COUNTY ATTORNEY.
Section 19-3107 - DISCONTINUANCE OF EXAMINATION.
Section 19-3108 - SUBPOENA FOR WITNESS.
Section 19-3109 - TAKING AND AUTHENTICATION OF TESTIMONY.
Section 19-3110 - TRANSMISSION OF DEPOSITIONS.