§ 16-43-208 — Criminal proceedings - Subpoenas for witnesses generally

(a) The clerk of the court, upon request of the prosecuting attorney or upon request of the defendant or his attorney, shall issue subpoenas for witnesses. (b) The state shall have the right to subpoena at the expense of the county six (6) witnesses if the charge is a misdemeanor and twelve (12) witnesses if it is a felony less than a capital offense. The defendant shall have the right to subpoenas at the expense of the county for six (6) witnesses in misdemeanor and twelve (12) witnesses in felony cases less than capital. There shall be no limit upon the number of witnesses who may be subpoenaed at the expense of the county in capital cases. (c) Either party shall have the right to recall subpoenas before service and substitute the names of other witnesses for those for whom subpoenas were originally issued. (d) Neither side shall in any event have at the expense of the county more than six (6) character witnesses in any type of case, capital or otherwise.

Legislative History

Crim. Code, § 151; C. & M. Dig., § 3109; Init. Meas. 1936, No. 3, § 34, Acts 1937, p. 1384; Pope's Dig., § 3939; A.S.A. 1947, § 43-2001.