§ 682. In general.-Blackstone says, "Riots, routs and unlawful assemblies must have three persons at least to constitute them. An unlawful assembly is when three, or more, do assemble themselves together to do an unlawful act, as to pull down inclosures, to destroy a warren or the game therein, and part without doing it, or making any motion toward it. A rout is where three or more meet to do an unlawful act upon a common quarrel, as forcibly breaking down fences upon a right claimed of common or of way; and make some advances toward it. A riot is where three or more actually do an unlawful act of violence, either with or without a common cause or quarrel: as if they beat a man; or hunt and kill game in another's park, chase, warren, or liberty; or do any other unlawful act with force and violence; or even do a lawful act, as removing a nuisance in a violent and tumultuous manner."1 § 683. Unlawful assembly.-Unlawful assembly consists in three or more persons assembling together with intent to commit a crime by open force, or with intent to carry out a common purpose, either lawful or unlawful, in a manner that will give firm and courageous persons reasonable grounds to apprehend a breach of the peace.2 Hawkins de14 Bl. Comm. 146. 2 State v. Stalcup, 23 N. Car. 30, 35 Am. Dec. 732. fines it as "any meeting whatsoever of great numbers of people, with such circumstances of terror as can not but endanger the public peace and raise fears and jealousies among the king's subjects." It has been held, however, that it is not unlawful assembly for members of the Salvation Army to assemble and march through the streets quietly and peace ably, although tumultuous and riotous proceedings, with stone throwing and fighting causing a disturbance of the public peace and terror to the inhabitants of the city is likely to result solely because of unlawful and unjustifiable interference and molestation by a body of persons opposed to them.* § 684. Rout.-Rout consists in "an unlawful assembly which has made a motion toward the execution of the common purpose of the persons assembled."5 § 685. Riot.-Riot consists in a tumultuous disturbance of the peace by three or more persons, who have assembled lawfully or unlawfully, and who have begun to execute an unlawful purpose to the terror of the people. Thus, where a crowd of persons, engaged in charivariing a newly married couple, marched back and forth in the highway before a public house, at night until two o'clock in the morning, blowing horns, singing songs and shouting, although they carried no weapons nor offered violence, they were held guilty of riot.7 31 Hawk. P. C. 297, § 9. 4 Beatty v. Gillbanks, 15 Cox Cr. C. 138. See also, Casteel v. State, 13 Okla. Cr. 19, 161 Pac. 330; Cole v. State (Tex. Cr.), 194 S. W. 830. 5 Stephen's Dig. Crim. L., art. 71. 6 Fisher v. State, 78 Ga. 258; State v. Brown, 69 Ind. 95, 35 Am. Rep. 210; Commonwealth v. Runnels, 10 Mass. 518, 6 Am. Dec. 148; Reg. v. Cunninghame, 16 Cox Cr. C. 420. See also, Casteel v. State, 13 Okla. Cr. 19, 161 Pac. 330; Com monwealth V. Merrick, 65 Pa. Super. Ct. 482, 499; Commonwealth v. Blum, 65 Pa. Super Ct. 493, 498; Commonwealth v. Tepsick, 65 Pa. Super. Ct. 493; Commonwealth V. Detwiler, 65 Pa. Super. Ct. 494; Commonwealth v. Weston, 65 Pa. Super Ct. 497; Commonwealth v. Zeber, 65 Pa. Super Ct. 497; Commonwealth v. Esick, 65 Pa. Super. Ct. 498; Commonwealth v. Goldberg, 65 Pa. Super. Ct. 494. 7 Bankus v. State, 4 Ind. 114. If three or more persons, pursuant to agreement, unlawfully assemble at a designated place, and go thence in a body to another place with the avowed purpose of assaulting another person and upon reaching this place commit the assault to the terror of the people, they are guilty of criminal conspiracy, unlawful assembly, rout and riot. These four offenses at common law are only misdemeanors, but in many of the states riot is made a felony by statute. TITLE SEVEN. CRIMES AGAINST PUBLIC WELFARE, HEALTH, SAFETY, MORALS AND RELIGION. Art. I. Nuisance and Like Offenses Against Mor- §§ 690-756 Art. II. Sexual Crimes Against Decency and Morality $$ 760-809 Art. III. Violation of the Elective Franchise_____ § 812 LVII. Offenses as to Highways LVIII. Offenses Against Religion-Blasphemy -Profanity-Sunday Laws-Disturb §§ 726-728 §§ 730-736 ing Meetings §§ 740-744 LIX. Violation of Liquor Laws ‒‒‒‒‒‒ §§ 746-756 CHAPTER L GENERAL PRINCIPLES. Section 690. Generally. § 690. Generally. This subdivision is concerned with various crimes which may be considered crimes against the community and community rights. By most of them the rights of no single person are invaded more than those of another, the habitation is not affected, property rights are only incidentally affected, they are not concerned with the obstruction of justice and the workings of the courts, nor do they affect the public peace. Many of the crimes in this division are statutory, most of them grow out of an extension of the common-law doctrine of nuisance, and are a violation of the old maxim, sic utere tuo ut alienum non laedas. Some of them are offenses against morals and religion, but most of these also come under the general classification of nuisances, and were indictable at common law. Then there is a large body of statutory crimes concerned with the violation of statutory regulations prescribed for businesses, factories, mines, workshops, etc., all regulations enacted with the object to promote the public welfare. These will all be touched upon briefly under this subdivision. |