Page:Cole v. State (210 Ark. 433).pdf/12

 Jesse Bean, one of the strikers, and an appellant here, made to Charlie Owen, an employee who did not strike, on the morning of the day Campbell was killed, that he must not cross the picket line, as he would have been compelled to do if he went to work, and that if he did cross it and anything happened it would just happen?

What means the testimony that when Williams attempted to hurriedly leave the plant where he was working, and gave his reason for not stopping, when told to do so, that in response to a signal given by Louis Jones, one of the appellants here, the strikers came from all directions and flocked around like blackbirds? What were the strikers trying to do if not to prevent Williams and others from working, and how better could their purpose be shown than to prove what they said they were going to do before they did it.

If the undisputed testimony does not show the existence of a conspiracy to prevent Williams and others from working, is not the testimony sufficient to support the finding that a conspiracy existed to accomplish this unlawful purpose? If so, all the acts and declarations of any of the conspirators are admissible against all the other conspirators. Gurein v. State, 209 Ark. 1082, 193 S.W.2d 997, and cases there cited.

It is not contended that the testimony is not legally sufficient to sustain the conviction. Indeed that contention could not well be made in view of the facts recited in the majority opinion.

The court gave an instruction reading as follows: "If you believe from the evidence in this case beyond a reasonable doubt that the defendants in Pulaski county and on about the 26th day of December, 1945, willfully, unlawfully and feloniously and by the use of force and violence prevented Otha Williams from engaging in a lawful vocation, you will convict them as charged in the indictment."

This instruction does not permit a conviction upon the mere proof that threats were made, although the Act