Thayer v. State

This was a prosecution for a riot, against the defendant and twenty other persons. The defendant was tried separately by a jury, and found guilty, &c. Motion for a new trial, and in arrest of judgment, overruled. Judgment on the verdict.

But one point is made in the brief of counsel, and that is, that the affidavit and information do not charge a public offense, and, therefore, the judgment should have been arrested.

The affidavit states that on, &c., at, &c., “three persons and more, to-wit,” &c., naming twenty-one, “ did, in a violent, riotous, and tumultuous manner, unlawfully break open the…