People ex rel. Mertig v. Johnston

The relators were charged with violation of subdivision 3 of section 2092 of the Penal Law and were tried and convicted in the Court of Special Sessions. The section in question provides as follows: “ Unlawful assemblies. Whenever three or more persons: * * * 3. Being assembled attempt or threaten any act tending towards a breach of peace, or an injury to person or property, or any unlawful act; Such an assembly is unlawful, and eVery person participating therein by his presence, aid or instigation, is guilty of a misdemeanor. But this section shall not be so construed as to prevent the…