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1286 ARTICLE 27
place specified in the summons. In any such hearing the certificate shall be
prima facie evidence of all the facts stated therein.
If said certificate recommends that the witness be taken into immediate
custody and delivered to an officer of the requesting State to assure his
attendance in the requesting State, such judge may, in lieu of notification of
the hearing, direct that such witness be forthwith brought before him for
said hearing; and the> judge at the hearing being satisfied of the desirability
of such custody and delivery, for which determination the certificate shall
be prima facie proof of such desirability may, in lieu of issuing sub-poena
or summons, order that said witness be forthwith taken into custody and
delivered to an officer of the requesting State.
If the witness, who is summoned as above provided, after being paid
or tendered by some properly authorized person the sum of ten cents a
mile for each mile by the ordinary traveled route to and from the court
where the prosecution is pending and five dollars for each day, that he is
required to travel and attend as a witness, fails without good cause to attend
and testify as directed in the summons, he shall be punished in the manner
provided for the punishment of any witness who disobeys a summons issued
from a court of record in this state.
1937, ch. 124, sec. 560B.
658. (Witness From Another State Summoned to Testify in This
State.) If a person in any state, which by its laws has made provision
for commanding persons within its borders to attend and testify in criminal
prosecutions, or grand jury investigations commenced or about to com-
mence, in this state, is a material witness in a prosecution pending in a court
of record in this state, or in a grand jury investigation which has com-
menced or is about to commence, a judge of such court may issue a certifi-
cate under the seal of the court stating these facts and specifying the
number of days the witness will be required. Said certificate may include
a recommendation that the witness be taken into immediate custody and
delivered to an officer of this state to assure his attendance in this state.
This certificate shall be presented to a judge of a court of record in the
county in which the witness is found.
If the witness is summoned to attend and testify in this state he shall
be tendered the sum of ten cents a mile for each mile by the ordinary
traveled route to and from the court where the prosecution is pending, and
five dollars for each day that he is required to travel and attend as a wit-
ness. A witness who has appeared in accordance with the provisions of the
summons shall not be required to remain within this state a longer period
of time than the period mentioned in the certificate, unless otherwise or-
dered by the Court. If such witness, after coming into this state, fails
without good cause to attend and testify as directed in the summons, he
shall be punished in the manner provided for the punishment of any wit-
ness who disobeys a summons issued from a court of record in this state.
1937, ch 124, sec. 560C.
659. (Exemption From Arrest and Service of Process.) If a person
comes into this state in obedience to a summons directing him to attend
and testify in this state he shall not while in this state pursuant to such sum-
mons be subject to arrest or the service of process, civil or criminal, in
connection with matters which arose before his entrance into this state un-
der the summons.
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