19-5-13. Application for discharge of imprisoned witness.
A witness imprisoned pursuant to §19-5-12 by an officer before whom his deposition is being taken may apply to a judge of the circuit court, who shall have the power to discharge him, if it appear that his imprisonment is illegal.
Source: CCivP 1877, §456; CL 1887, §5270; RCCivP 1903, §496; RC 1919, §2743; SDC 1939 & Supp 1960, §36.0306.