US Laws, Codes, Statutes & Cases

                                  TITLE  19
                              CRIMINAL PROCEDURE
                                  CHAPTER 18
                        REMOVAL OF ACTION BEFORE TRIAL
    19-1802.  FORM OF APPLICATION -- HEARING IN ABSENCE OF DEFENDANT. The
application must be made in open court and in writing, verified by the
affidavit of the defendant, a copy of which must be served upon the
prosecuting attorney at least one (1) day before the application is made.
Whenever the affidavit shows that the defendant can not safely appear in
person to make the application, because the popular excitement against him is
so great as to endanger his personal safety, and such statement is sustained
by other testimony, the application may be made by counsel, and heard and
determined in the absence of the defendant, though he is indicted for felony,
and has not at the time of such application been arrested, or given bail, or
been arraigned, or pleaded or demurred to the indictment.