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35.235 Refusal to appear and testify -- Punishment.
(1)
(2)
Every person not subject to this code, who, after the following two (2) provisions
have been complied with, willfully neglects or refuses to appear, or refuses to
qualify as a witness or to testify or to produce any evidence which such person may
have been duly subpoenaed to produce, shall be deemed guilty of an offense against
the state:
(a) Has been duly subpoenaed to appear as a witness or to produce books and
records before any court-martial, military commission or court of inquiry, or
before any military or civil officer designated to take a deposition to be read in
evidence before such court-martial, commission or court of inquiry; and
(b) Has been duly paid or tendered the fees and mileage of a witness at the rates
allowed to witnesses attending a Circuit Court of the state.
Upon the certification of the facts under subsection (1) by the military court or
tribunal to the Commonwealth's attorney of the county where the offense occurred,
the Commonwealth's attorney shall prosecute the accused in Circuit Court and
jurisdiction is hereby conferred upon such courts for this purpose. If convicted, the
person may be fined not more than two hundred fifty dollars ($250) or imprisoned
not more than thirty (30) days or both.
History: Amended 1970 Ky. Acts ch. 56, sec. 33. -- Created 1954 Ky. Acts ch. 99,
sec. 46, effective July 1, 1954.
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