persons, who must be furnished a copy of the same, or any part thereof, on payment of his fees. (6047, R. L. 1910.) Disclosing deposition, see sec. 1638.

178. Deposition May Be Read-Depositions taken under a commission may be read in evidence by either party on the trial upon it being shown that the witness is unable to attend from any cause whatever, and the same objections may be taken to a question in the interrogatories, or to the answers in the deposition, as if the witness had been examined orally in court. (6048, R. L. 1910.)

179. Notes as Evidence-The shorthand reporter in any court of record shall file his notes taken in any case with the clerk of the court in which the cause was tried. Any transcript of notes so filed, duly certified by the reporter of the court who took the evidence as correct, shall be admissible as evidence in all cases, of like force and effect as testimony taken in the cause by deposition, and subject to the same objections; a transcript of said notes may be incorporated into any bill of exceptions or case-made. On appeal it shall be the duty of the reporter to furnish such transcript when demanded, as required by law. If any reporter ceases to be the official reporter of the court, and thereafter makes a transcript of the notes taken by him while acting as official reporter, he shall swear to the transcript as true and correct, and when so verified the transcript shall have the same force and effect as if certified while he was official reporter. (1792, R. L. 1910.)

180. Discharged When No Indictment-When a person has been held to answer for a public offense, if an indictment or information is not filed against him at the next term of court at which he is held to answer, the court must order the prosecution to be dismissed, unless good cause to the contrary be shown. (6095, R. L. 1910.)

See circumstances under which defendant was entitled to discharge. Petitti v. State, 11 Okla. Cr. 234, 145 P. 305.

181. When Not Brought to Trial-If a defendant, prosecuted for a public offense, whose trial has not been postponed upon his application, is not brought to trial at the next term of court in which the indictment or information is triable after it is filed, the court must order the prosecution to be dismissed, unless good cause to the contrary be shown. (6096, R. L. 1910.) This section constitutes a construction of the constitutional guarantee to a speedy trial. "Next term of court" means next regular term, as distinguished from a special term. Eubanks v. Cole, 4 Okla. Cr. 26, 109 P. 736.

Defendant seeking dismissal must show delay was not occasioned by his own act. Parker v. State, 7 Okla. Cr. 238. 124 P. 80; Bowes v. State, 7 Okla. Cr. 316; Head v. State, 9 Okla. Cr. 356, 131 P. 937.

If defendant is not brought to trial at next regular term after prosecution is begun, and the delay is not occasioned by his act or consent, trial court should dismiss cause. McLeod v. Graham, 6 Okla. Cr. 197, 118 P. 160; Culver v. State, 11 Okla. Cr. 4, 141 P. 26.

182. Court May Order Continuance and Release Defendant -If the defendant is not prosecuted or tried, as provided in the last two sections, and sufficient reason therefor is shown, the court may order the action to be continued from term to term, and in the meantime may discharge the defendant from custody, on his own undertaking or on the undertaking of bail for his appearance to answer the charge at the time to which the action is continued. (6097, R. L. 1910.)

183. Effect of Dismissing-If the court direct the action to be dismissed, the defendant must, if in custody, be dis

charged therefrom, or if admitted to bail, his bail is exonerated, or money deposited instead of bail must be refunded to him. (6098, R. L. 1910.)

184. Dismissal to Show Reasons-The court may either of its own motion or upon the application of the county attorney, and the furtherance of justice, order an action or indictment to be dismissed; but in that case the reasons of the dismissal must be set forth in the order, which must be entered upon the minutes. (6099, R. L. 1910.)

Grounds for dismissing or setting aside an indictment are purely statutory. Fact that county attorney took evidence under section 665 is no grounds for setting aside a charge. Hisaw v. State, 13 Okla. Cr. 485, 165 P. 636.

County attorney has no authority to discontinue a cause except by permission of the court. Smallwood v. State, 14 Okla. Cr. 125, 167 P. 1154.

185. Nolle Prosequi Abolished-The entry of a nolle prosequi is abolished, and the county attorney cannot discontinue or abandon a prosecution for a public offense, except as provided in the last section. (6100, R. L. 1910.)

186. Dismissal Not a Bar-An order for the dismissal of the action, as provided in this article, is not a bar to any other prosecution for the same offense. (6101, R. L. 1910.)

Where defendant has not been in jeopardy, a dismissal of the action is no bar to a subsequent prosecution for the same offense. Ex parte Warford, 3 Okla. Cr. 381, 106 P. 550.

187. Incriminating Evidence-No person shall be compelled to give evidence which will tend to incriminate him, except as in this Constitution specifically provided; *

21, Art. 2, Const.)

See Secs. 252 and 196.

*

*

(Sec.

188. Evidence; Immunity-Any person having knowledge or possession of facts that tend to establish the guilt of any other person or corporation charged with an offense against the laws of the State, shall not be excused from giving testimony or producing evidence, when legally called upon so to do, on the ground that it may tend to incriminate him under the laws of the State, but no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he may so testify or produce evidence. (Sec. 27, Art. 2, Const.)

Defendant not compelled to produce documents in violation of his constitutional rights. Temple v. State, 15 Okla. Cr. 146, 175 P. 555. See rule of granting immunity to witness concerning matters about which he testifies. Tague v. State, 15 Okla. Cr. 55, 174 P. 1106.

Evidence obtained by means of a search warrant, though illegally issued, is admissible. Silva v. State, 6 Okla. Cr. 97, 116 P. 199; Boone v. State, 15 Okla. Cr. 30. 175 P. 51.

To violate inhibition against self-incrimination, the witness must have been compelled in person to furnish such evidence. Production of evidence by a co-defendant against one on trial is not a violation of his rights. Montgomery v. State, 13 Okla. Cr. 652, 166 P. 446.

A co-defendant testifying for a defendant on trial, need not answer questions which might incriminate him. Anderson v. State, 8 Okla. Cr. 91, 126 P. 840.

An exemption from answering incriminating question is for the witness to claim. Castleberry v. State, 10 Okla. Cr. 505, 139 P. 132.

Protection from prosecution of a party furnishing evidence must be under an agreement with the county attorney approved by the court, or the court must have denied the witness the privilege of silence. This protection does not bar the testimony of the witness, but merely gives a right which may be waived if not asserted in ample time. Immunity will not be granted unless the witness acts in good faith and testifies truthfully and fully. Scribner v. State, 9 Okla. Cr. 465, 132 P. 933.

189. Evidence; Records-The records, books, and files of all corporations shall be, at all times, liable and subject to the full visitorial and inquisitorial powers of the State, notwithstanding the immunities and privileges in this Bill of Rights secured to the persons, inhabitants, and citizens thereof. (Sec. 28, Art. 2, Const.)

Books and records kept by banks are properly admitted as evidence. Boone v. State, 15 Okla. Cr. 30, 175 P. 61.

The right to be confronted with witnesses does not apply to documentary evidence. Cook v. State, 6 Okla. Cr. 478.

In a certified copy of a document, it is improper for an officer to attempt to define any term in such instrument. Billingsly v. State. 4 Okla. Cr. 598.

The charge of a court to a grand jury cannot be admitted in evidence in the trial of a cause. Pilgrim v. State, 3 Okla. Cr. 49, 104

P. 383.

Public officers are bound to produce public records, though such records furnish evidence against said office. Burnette et al. v. State, 8 Okla. Cr. 640, 129 P. 1110.

190. Modes of Taking Testimony-The testimony of witnesses is taken in three modes:

First. By affidavits.

Second. By deposition.

Third. By oral examination. (5067, R. L. 1910.)

191. Affidavit Defined-An affidavit is a written declaration, under oath, made without notice to the adverse party. (5068, R. L. 1910.)

192. Affidavits Need Not Be Entitled-It is not necessary to entitle an affidavit, or deposition in the action, whether taken before or after indictment; but if made without a title,