State v. Smythe

Appellant was charged, tried and convicted in a justice court of the crime of manufacturing moonshine whiskey with intent to sell. He appealed from that conviction to the superior court for Thurs-ton county and was again convicted. Now, by appeal, he brings the case here for review. Numerous errors are assigned, some of which require no discussion. Those, principally relied upon will be treated in the order of their presentation.

After the conviction in justice court, and two days before the time set for trial in the superior court, appellant caused subpoenas to be issued for two persons who…