Appearance by Counsel for Defendant; Separation of Witnesses; Control of Hearing.

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Section 15-11-7

Appearance by counsel for defendant; separation of witnesses; control of hearing.

In a preliminary examination, the defendant may appear by counsel and, on application, the court may direct the witnesses for the prosecution or defense, or both, to be kept separate so that they cannot hear the evidence or converse with each other until examined. Such an examination is under the control of the court and should be so conducted as to elicit the facts of the case.

(Code 1852, §§459, 460; Code 1867, §§4008, 4009; Code 1876, §§4678, 4679; Code 1886, §4285; Code 1896, §5234; Code 1907, §7599; Code 1923, §5232; Code 1940, T. 15, §134.)


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