Page:Cole v. State (214 Ark. 387).pdf/10

396 Q. That was Louis Jones? A. Yes, sir, and told him to wait a minute, he wanted to talk to him, and Otha told him he didn't have time, he was on his way home and he would see him another day. Q. Did he do anything else? A. He gave a signal and said, 'Come on, boys.' Q. He gave a signal and said, 'Come on, boys?' A. Yes, sir. Q. That was after Otha Williams told him he didn't have time, that he was on his way home? A. Yes, sir. Q. What happened after Louis Jones gave the signal and said, 'Come on, boys?' A. They flew up like blackbirds and came fighting? Q. They flew up like blackbirds and came fighting? A. Yes, sir. Q. You didn't see Roy Cole before you went across the street? A. No, sir, I didn't see him. Q. Did you see Cole after that? A. Yes, sir, he told me to go ahead on, that they wasn't after me. Q. The defendant, Roy Cole, told you to go ahead on, that they wasn't after you? A. Yes, sir. Q. Did Cole have any kind of a weapon with him? A. Yes, sir, he had a stick. Q. He had a stick? A. Yes, sir."

It was in this encounter that a homicide occurred, so there is legally sufficient evidence that the appellants here, Cole and Jones, promoted, encouraged and aidedthe assemblage—which was unlawful because of its purpose and its accomplished results—and did, by the use of force and violence, attempt to prevent persons from engaging in a lawful vocation.

We therefore affirm the judgment of the lower court against Cole and Jones.

ROBINS, J., dissents.

Mr. Justice GEORGE ROSE SMITH did not participate in the consideration or determination of this case, it having been decided prior to January 1, 1949.