Cole v. State (210 Ark. 433)
Supreme Court of Arkansas
210 Ark. 433
Cole, Jones and Bean v. State
Appeal from Pulaski Circuit Court, First Division
No. 4414.—Delivered: October 7, 1946.
- CRIMINAL LAW—ACT 193 OF 1943.—Although evidence was inadmissible that threats had been made by persons other than the defendants at a time prior to the occasion when violence was used, the trial Court did not err in refusing to quash an indictment because it contained the single allegation that a man named Williams had been prevented from working "by the use of force and violence," this being sufficient to charge a crime.
- STATUTES—CONSTITUTIONALITY OF PARTICULAR LAW.—Act 193 of 1943 is not void as contravening the State Constitution. See Smith and Brown v. State, 207 Ark. 106; Gurein [and others] v. State, The Law Reporter for April 15, 1946.
- CRIMINAL LAW—CONSTRUCTION OF STATUTE.—Act 193 of 1943, § 1, makes it unlawful, "by the use of force or violence, or threat of the use of force or violence," to prevent any person from engaging in a lawful vocation. Held, tbat two separate and distinct offenses are stated.
- CRIMINAL LAW—ADMISSIBLE TESTIMONY.—Where an indictment authorized by Act 193 of 1943 charged only that a worker had, "by the use of force and violence," prevented a designated employe from engaging in a lawful occupation, it was error to allow witnesses to testify that "someone" among a group of strikers, while talking in a tent eight or ten hours earlier, had said that "they" were going to talk "to a boy who was working," and if he didn't talk right "they" would give him a whipping.
Appeal from Pulaski Circuit Court, First Division; Lawrence C. Auten, Judge; reversed.
Lindsey P. Walden, Elmer Schoggen, and Ross Robley, for appellants.
Guy E. Williams, Attorney General, and Earl N. Williams, Assistant Attorney General, for appellee.
[Opinion of the court by Chief Justice Griffin Smith. Dissenting opinion by Justice Frank G. Smith, joined by Justice Edgar L. McHaney.]
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