Section 33-13-323 - Refusal to appear or testify(1) Any person not subject to this code who:(a) Has been duly subpoenaed to appear as a witness or to produce books and records before a military court or before any military or civil officer or peace officer designated to take a deposition to be read in evidence before a court; and(b) Has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses under Section 33-13-621; and©) Willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpoenaed to produce, is guilty of an offense against the state and may be punished by a fine not to exceed three hundred dollars ($300.00) or confinement not to exceed thirty (30) days in jail, or by both fine and confinement, and such witness shall be prosecuted in the appropriate county court.(2) The appropriate district attorney for the state in any circuit court having jurisdiction where the military proceeding was convened shall, upon submission of a complaint to him by the presiding officer of a military court, commission, court of inquiry or board, file an information against and prosecute any person violating this section.Codes, 1942, § 8529-48; Laws, 1966, ch. 538, § 48; Laws, 1981, ch. 362, § 50, eff. 7/1/1981.