EXAMINATION OF WITNESSES CONDITIONALLY
19-3111. Use of deposition on trial. The deposition, or a certified copy thereof, may be read in evidence by either party on the trial, upon its appearing that the witness is unable to attend, by reason of his death, insanity, sickness or infirmity, or of his continued absence from the state. Upon reading the depositions in evidence, the same objections may be taken to a question or answer contained therein, as if the witness had been examined orally in court.
[(19-3111) Cr. Prac. 1864, sec. 569, p. 282; R.S., R.C., & C.L., sec. 8170; C.S., sec. 9150; I.C.A., sec. 19-3011.]