The Key West citizen. [volume] (Key West, Fla.) 1879-current, 1939-09-07

animation of the ease
Sec. 81. Summoning of Witnesses
The magistrate shall issue such pro
cess as may be necessary to secure
attendance of witnesses. within tn
State. for the State or the defend
ant.
Sec. 80. Presence of Defendant
and Cross-Examination of Witnesses
All witnesses shall be examined ir
the presence of the defendant anC
may be cross-examined.
Sec. 49,. Examination of Witnesse.
for Defendant. At the conclusion 81
the testimony for the prosecution
the defendant shall. if he so elects
be sworn and testify in his own be-
half. and shall in such cases bt
warned that anything he may say
can - used against him at subse
quent trial. and be subject to exami
nation as other witnesses. and wheth
er he teStifies or not any witness pro
duced by him shall be sworn anc
examined.
Sec. "a. Exclusion and Separation
of Witnesses. Prior to the examina
ton of any witness in the cause, the
magistrate may and on request Of
the defendant shall exclude all Other
witnesses. He may also cause the
witnesses to be kept separate and Il
be prevented from communicating
with each othre until all are ex
amined.
Sec. IS. Testimony of Witnesses
At the request of the prosecuting at
torney the testimony of the wit
nesses and of the defendant, if he
testifies shall either be reduced tt
writing bv the magistrate, or under
hi Il Anl t. rI1 Avak
hand by a stenographer and trans
the defendant an opportunity to sigr
his deposition. If the testimony, OIL
any part thereof. is reduced to writ
ing at the request of the prosecut
ing attorney, a copy of such testi
mony. or of the part thereof which
has been reduced to writing. shall be
furnished free of cost to defendant
or his counsel.
Sec. SO. When Deposition Admis'
sible at Trial. In cast the defend
ant testified. his deposition. if sign.
evidence against him at the tria
without further authorization. Moth.
ing herein contained shall prevent the
State from giving evidence at the
trial of any admission or confes
sion or other statement of the de.
PENDANT made at any time which by
law is admissible as evidence against
such person.
Sec. 81. When Defendant to Be
Discharged. After hearing the evil
dence. if it appears either that ar
offense has not been committed OF
that. if committed. there is not prob.
able cause to believe the defendant
guilty thereof. the magistrate shall
6aA h. b.
Sec. 80. When Defendant to Be
mitted to Bail or Committed. If il
appears that any offense has beer
committed and that there is probable
cause to believe the defendant guilty
thereof. the magistrate shall hole
him to answer. If the defendant is
bailable as of right by the magis
trate. he shall be admitted to bail
If he is not admitted to bail or il
sufficient bail is not furnished, the
magistrate shall commit him to Gus.
todv.
Sec. g. Undertaking by Witness
If the defendant is held to answer
on any charge of murder, rape, rob.
berry. arson or kidnapping. the magis
trate may require each material wit.
ness for the State and each material
WlIIlcSS LUZ Tic QIGSlQdilL SO re-
quested by him, to enter into a writ
ten recognizance to appear or tc
tify at the trial of the cause or tC
forfeit such sum as the magistrate
may fix.
Sec. 40. When Further Security
May Be Required. When the mag.
istrate from the proceedings had
before him or from testimony or
oath has reasonable ground to be-
lieve that any witness who has en-.
tered into such recognizance will not
appear and testify unless further Sc.
curity is required, he may order
the witness to give further security
for his appearance. either by enter.
such sureties and in such sum as the
magistrate may deem proper.
Sec. Al. Procedure When Witness
Does Not Give Security. ID If a
witness required to enter into ar
undertaking or recognizance to ap-
pear to testify, either with or with.
out security. refuses compliance with
an order for that purpose, the magis-
trate shall commit him to custody
until he complies or is legally dis.
charged.
(2) If the magistrate requires the
witness to give security for his ap-
pearance. and the witness is unable
to give such security. he may move
tion to try the defendant, for a re-
duction of said security.
90 When. however, it satisfactorily
appears by examination on oath OF
the witness. or any other person
that the witness is unable to give
security, the magistrate in the first
instance. and the trial court having
jurisdiction in the second instance
shall make an order finding such
fact. and the witness shall be de-
tanned pending application for his
conditional examination. Within
DAYS from the entry of the order last
shall be conditionally examined or
behalf of the State or the defendant
on application made for that purpose
Such examination shall be by ques.
ton and answer in the presence OF
the other party and counsel, and
shall be taken down by a Court Re-
porter or stenographer selected by
the parties. and reduced to writing
AT the completion of the examination
the witness shall be discharged. and
his deposition may be introduced
in evidence by the defendant at the
Forthcoming trial, or if the prescott
htS dbIOIuCS anu the QGI6IlQdnt dlC
his counsel agree, the deposition
may be admitted in evidence at the
trial. by stipulation. No such depo.
sition shall be admitted on behalf
of the State. unless the defendant
consents thereto.
(4 If no conditional examination
is had within the above mentioned
period of three days, the witness sc
detained. shall be forthwith dis.
charged.
(5) A witness so committed shall
be entitled to his fees as a witness
for the period of his commitment.
q. Sec. AZ. Transmission of Papers
BY Magistrate. I'd When the magis.
trate has discharged the defendant
or has held him to answer, he shall
transmit without delay to the Clerk
of the Court having jurisdiction OF
the offense:
(a) The warrant.
(b) The dispositions of the witness
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