19-3107. DISCONTINUANCE OF EXAMINATION. If the prosecuting attorney or
other counsel appear on behalf of the people, and it is shown to the satis-
faction of the magistrate, by affidavit or other proof, or on the examination
of the witness, that he is not about to leave the state, or is not sick and
infirm, or that the application was made to avoid the examination of the wit-
ness on the trial, the examination cannot take place; otherwise it must pro-
ceed.
[(19-3107) R.S., R.C., & C.L., sec. 8166; C.S., sec. 9146; I.C.A., sec.
19-3007.]