Page:Cole v. State (214 Ark. 387).pdf/1

ARK.]

4448


 * 1) CRIMINAL LAW—UNLAWFUL ASSEMBLIES.—The unlawful assemblies prohibited by § 2-A of Act 193 of 143 is an assemblage where persons acting in concert have assembled in an attempt to prevent by force or violence some other person from engaging in a lawful occupation.
 * 2) CRIMINAL LAW.—Since the state can constitutionally prohibit the unlawful assemblage denounced in § 2-A, it may also prohibit a person from promoting, encouraging or aiding such unlawful assemblage as is done by § 2-B of Act 193 of 1943.
 * 3) CONSTITUTIONAL LAW.—Act 193 of 1943 prohibiting unlawful assemblages and prohibiting others from aiding or encouraging such assemblages is not open to constitutional objections.
 * 4) STATUTES—CONSTRUCTION.—Act 193 of 1943 prohibits unlawful assemblages, and appellants' contention that it prohibits free assemblies cannot be sustained.
 * 5) CRIMINAL LAW—LABOR UNIONS.—Since appellants aided and encouraged the strikers who were unlawfully assembled in assault.ing W, one of the workers, they violated Act 193 of 1943 by attempting to prevent, by the use of force and violence, persons from engaging in a lawful vocation.

Appeal from Pulaski Circuit Court, First Division; Gus Fulk, Judge; affirmed.

Ross Robley and Elmer Schoggen, for appellant.

Guy E. Williams, Attorney General and Oscar E. Ellis, Assistant Attorney General, for appellee.

ED. F. McFADDIN, Justice. This case has undergone a rather extensive judicial experience. The incidents giving rise to the case occurred in December, 1945; and this is the third opinion of this Court concerning the appellants participation in those incidents.

Cole, Jones and Bean were indicted by the Grand Jury of Pulaski County, Arkansas, for a violation of Act 193 of 1943. A trial resulted in conviction of all three defendants. They appealed to this Court, and the judgments for conviction were reversed, and the causes remanded for a new trial. The constitutionality of the Act 193 was sustained, but the reversal was because of