§22-783. Affidavit on application

Application must be made upon affidavit stating:1. The nature of the offense charged.2. The state of the proceedings in the action and that an issue of the fact has been joined therein.3. The name of the witness and that his testimony is material to the defense of the...

§22-781. Witness out of state

When an issue of fact is joined upon an indictment or information the defendant may have any material witness residing out of the state examined in his behalf as prescribed in this article and not otherwise. R.L.1910, § 6036.