the Act prohibits in § 2-A?[1] It is one 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. Keeping in mind such idea of an "unlawful assemblage," we come to offense B. Since the State can prohibit the unlawful assemblage denounced in section 2-A3 (the constitutionality of which we have upheld),[2] then it seems clear that the State can also constitutionally prohibit by § 2-B3 any person from promoting, encouraging or aiding "such unlawful assemblage." It would be idle to say that the State could punish the participants under § 2-A3 and not be allowed to punish those aiding and abetting such assemblage under § 2-B.3
Ever since the inception of its Statehood, the State of Arkansas has had a statute which was aimed at preventing rioting.[3] Section 3503, Pope's Digest, comes to us from chapter 44, Div. VIII, Art. L, § 1 of the Revised Statutes of 1837; and reads:
If three or more persons assemble together with the intent, or being assembled, shall agree, mutually, to assist each other to do an unlawful act, with force or violence, against the person or property of another, oragainst the peace or to the terror of the people, and shall accomplish the purpose intended, or do any unlawful act in furtherance of such purpose, in a violent or turbulent manner, every person so offending, or who shall aid or assist in doing any unlawful act, shall be adjudged guilty of a misdemeanor, and shall be punished by imprisonment not exceeding one year, or by fine not exceeding five hundred dollars, or by both fine and imprisonment."
- ↑ In using the expressions "section 2-A" and "section 2-B", we mean, of course, offense A and offense B, as contained in Section 2 of said Act 193.
- ↑ See Smith and Brown v. State, supra, and Guerin v. State, supra.
- ↑ In Holdsworth's History of English Law, Vol. 8, p. 324, et seq., there is a history of the old laws against unlawful assemblage and kindred offenses. Riots grow from routs, and routs grow from unlawful assemblies, so in the quelling of an unlawful assembly, a possible riot is extinguished. Likewise, in Bishop on Criminal Law, 9th ed., sec. 1256, et seq., there is contained a definition and discussion of unlawful assembly. See also 66 C.J., et seq.; 46 Am. Juris. 127 et seq.; and Annotations in 58 A.L.R. 751 and 93 A.L.R. 737.
