EXAMINATION OF WITNESSES CONDITIONALLY
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.
[(19-3107) R.S., R.C., & C.L., sec. 8166; C.S., sec. 9146; I.C.A., sec. 19-3007.]