Sec. 77.
When an issue of fact shall be joined upon any indictment, the court in which the same is pending may, on application of the defendant, grant a commission to examine any material witnesses residing out of this state, in the same manner as in civil cases.
History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17291 ;-- CL 1948, 767.77 Former Law: See section 35 of Ch. 164 of R.S. 1846, being CL 1857, § 6044; CL 1871, § 7913; How., § 9524; CL 1897, § 11909; and CL 1915, § 15736.
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