Howell v. State

1. The instruction to the jury in the terms of section 360 of the Penal Code, that "if two or more persons do an unlawful act of violence,-or any other act in a violent or tumultuous manner, they shall be guilty of riot,” is not error for the reason assigned, that the accused was charged only with a violation of one branch of that section, to wit, “any other act in a-violent and tumultuous manner” and not “an unlawful act of violence.” The accusation charged that on a day named the defendant and certain other persons did “unlawfully, and with force and arms, commit the following acts in a…