545.380. Defense witnesses--commission to take deposition, when. - Missouri Statutes

Defense witnesses--commission to take deposition, when.

545.380. When any issue of fact is joined in any criminalcase, and any material witness for the defendant resides out ofthe state, or residing within the state, is enceinte, sick orinfirm, or is bound on a voyage or is about to leave this state,or is confined in prison under sentence for a felony, suchdefendant may apply to the court, or judge thereof, in which thecause is pending, for a commission to examine such witness uponinterrogatories thereto annexed, and such court may grant thesame upon the like proof and on the like terms as provided by lawin civil cases. The court, or judge thereof, granting suchcommission, may permit the officer prosecuting for the state tojoin in such commission. The deposition of any witness confinedin prison under sentence for a felony shall be taken where suchwitness is confined.

(RSMo 1939 § 4010)

Prior revisions: 1929 § 3621; 1919 § 3964; 1909 § 5171