§ 13-45-104 — Witnesses - duty of sheriff

When a habeas corpus is issued to
bring the body of any prisoner committed as aforesaid, unless the court issuing the
same deems it wholly unnecessary and useless, the court shall issue a subpoena to
the sheriff of the county where said person is confined, commanding him to
summon the witnesses therein named to appear before the court at the time and
place where such habeas corpus is returnable. It is the duty of the sheriff to serve
such subpoena, if it is possible, in time to enable such witnesses to attend. It is the
duty of the witnesses thus served with said subpoena to attend and give evidence
before the court issuing the same on pain of being deemed guilty of a contempt of
court and proceeded against accordingly by said court.

Legislative History

Source: R.S. p. 253, � 243. G.L. � 848. G.S. � 989. R.S. 08: � 2920. C.L. � 6489. CSA: C. 77, � 4. CRS 53: � 65-1-4. C.R.S. 1963: � 65-1-4.