Dutcher v. State

Cobb, Ch. J.

The plaintiffs in error were indicted in the district court of Holt county, under sec. 26 of the criminal code, which reads as follows: “If three or more persons shall assemble together with intent to do an unlawful act with force and violence against the person or property of another, or to do any unlawful act against the peace, or being lawfully assembled shall agree with each other to do any unlawful act as aforesaid, and shall make any movement or preparation therefor, the persons so offending shall be fined in any sum not" exceeding one hundred dollars, and be imprisoned in…