State v. . Hoffman

BROGDEN, J. A

voluminous record and a mass of conflicting testimony present two questions of law:

1. Was there sufficient evidence of a riot as defined by law to be submitted to tbe jury?

2. If so, was there sufficient evidence to be submitted to tbe jury that tbe appealing defendants aided and abetted therein?

Tbe offense of riot has been considered by this Court in three cases, to wit: S. v. Stalcup, 23 N. C., 30; Spruill v. Life Ins. Co., 46 N. C., 126; S. v. Hughes, 72 N. C., 25. In tbe Stalcup case a riot was defined “to be a tumultuous disturbance of tbe peace, by three persons or more,…