Commonwealth v. Spartaco

Opinion by

Ketjoeb, J.,

The appellant was indicted and convicted of inciting to riot, a common law offense. The indictment was drawn in substantial conformity with the averments approved by Mr. Chitty, and cited in 2 Bishop’s Criminal Procedure, see. 999 (4). It charged that the defendant on the 20th day of November, 1931, etc., unlawfully, wickedly and maliciously intended and devised as much as in him lay, to raise and create a riot and tumult within the County of Philadelphia to the disturbance of the peace thereof and the great terror and annoyance of the good and peaceable citizens of the…