§ 8-74. Depositions for defendant in criminal actions. - North Carolina Statutes

§8‑74.  Depositions for defendant in criminal actions.

In all criminal actions,hearings and investigations it shall be lawful for the defendant in any suchaction to make affidavit before the clerk of the superior court of the countyin which said action is pending, that it is important for the defense that hehave the testimony of any person, whose name must be given, and that suchperson is so infirm, or otherwise physically incapacitated, or nonresident ofthis State, that he cannot procure his attendance at the trial or hearing ofsaid cause. Upon the filing of such affidavit, it shall be the duty of theclerk to appoint some responsible person to take the deposition of suchwitness, which deposition may be read in the trial of such criminal action underthe same rules as now apply by law to depositions in civil actions: provided,that the district attorney or prosecuting attorney of the district, county ortown in which such action is pending have 10 days' notice of the taking of suchdeposition, who may appear in person or by representative to conduct the cross‑examinationof such witness. (Code, s. 1357; 1891, c. 522; 1893, c. 80; Rev., s.1652; 1915, c. 251; C.S., s. 1812; 1971, c. 381, s. 6; 1973, c. 47, s. 2.)