Thornton v. State

* Corpus Juris-Cyc. References: Criminal Law, 16CJ, p. 97, n. 52. Witnesses, 40Cyc, p. 2540, n. 40. The appellant and others were jointly indicted for manufacturing liquor. Upon the separate trial of this appellant, he was convicted and sentenced to the penitentiary for one year, and from this conviction and sentence this appeal was prosecuted.

Before his trial, the appellant filed a special plea claiming immunity from prosecution and punishment by virtue of section 1792, Code of 1906 (section 2106, Hemingway's Code); the plea averring that he had been regularly subpoenaed to appear before the…