§62-5-2. Payment of witness fees and other legal charges by
The sum to which a witness is entitled who attends for the
state, and any other legal charges incurred in a case wherein there
is a prosecutor, shall be paid by such prosecutor as if he were the
plaintiff in the case, unless there be a judgment against the
defendant, in which case the same shall be taxed in the costs and
paid to the persons entitled thereto, by the sheriff or other
officer who may receive the same.