Commonwealth v. Runnels
Massachusetts Supreme Judicial Court
The indictment charges that the said Runnels, with five others named therein, “ together with a great number of other persons, to the amount of fifty or more, (to the jurors aforesaid as yet unknown,) on the 6th day of April, 1812, being the first Monday of the same month, in the afternoon of the same day, with force and arms, at Salem aforesaid, in the county of Essex aforesaid, unlawfully, riotously, and routously, did assemble and gather together, to disturb the peace of…
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The indictment charges that the said Runnels, with five others named therein, “ together with a great number of other persons, to the amount of fifty or more, (to the jurors aforesaid as yet unknown,) on the 6th day of April, 1812, being the first Monday of the same month, in the afternoon of the same day, with force and arms, at Salem aforesaid, in the county of Essex aforesaid, unlawfully, riotously, and routously, did assemble and gather together, to disturb the peace of the commonwealth aforesaid ; and being so assembled and gathered together, unlawfully, riotously, and routously, with…
1Opinion of the CourtParker, J.
The defendants, having been convicted upon trial on this indictment, now move that judgment may be arrested for the causes stated in the motion, viz.: —
1. Because the several acts, alleged in the indictment to have been done by the defendants, are not alleged to have been done with force and arms.
2. Because they are not alleged to have been done to the terror of the people, &c.
It was also suggested in the argument that the facts stated in the indictment do not technically constitute a riot.
With respect to the first objection, we think that the words “force and arms,” introduced into the first…
2Cited by21 opinions
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- Sheibley v. AshtonSupreme Court of Iowa · 1906
- Marshall v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1900
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