Upon a hearing and finding by the circuit court in any case wherein the accused is charged with a felony, that it is necessary to take the deposition of any witness within the state, other than defendant and spouse, in order to preserve the testimony, and on condition that the court make such orders as will fully protect the rights of personal confrontation and cross-examination of the witness by defendant, the state may take the deposition of such witness and either party may use the same at the trial, as in civil cases, provided there has been substantial compliance with such orders. The reasonable personal and traveling expenses of defendant and his counsel shall be paid by the state or county as provided by law.

Source: Const. of 1945.

  (1973) Where state used deposition of witness taken by defendant's counsel alone, held that adequate satisfaction of both the right of confrontation and of cross examination cannot be accomplished by either the defendant or his counsel alone, and it was error to permit the use of this constitutionally and basically unacceptable deposition by the sate. State v. Jackson (A.) 495 S.W.2d 80.