The application may be made to the court during the term thereof, or to the judge in vacation, and must be upon three days’ notice to the prosecuting attorney.

[(19-3104) Cr. Prac. 1864, sec. 554, p. 281; R.S., R.C., & C.L., sec. 8163; C.S., sec. 9143; I.C.A., sec. 19-3004.]