Section 882 Of Chapter 7. Examination Of The Case, And Discharge Of The Defendant, Or Holding Him To Answer From California Penal Code >> Title 3. >> Part 2. >> Chapter 7.
882
. When, however, it satisfactorily appears by examination, on
oath of the witness, or any other person, that the witness is unable
to procure sureties, he or she may be forthwith conditionally
examined on behalf of the people. The examination shall be by
question and answer, in the presence of the defendant, or after
notice to him or her, if on bail, and conducted in the same manner as
the examination before a committing magistrate is required by this
code to be conducted, and the witness thereupon discharged; and the
deposition may be used upon the trial of the defendant, except in
cases of homicide, under the same conditions as mentioned in Section
1345; but this section does not apply to an accomplice in the
commission of the offense charged.