Bolin v. State

Appellants were convicted of the offense defined by §2834 Burns 1914 (Acts 1905 p. 584, §438), which in part reads as follows: “If three or more persons shall do an act in a violent and tumultuous manner, they shall be deemed guilty of a riot,” etc.

The first count of the indictment, on which alone they were found guilty, charged that they and others therein named, to the number of sixty, on, etc., at, etc., “did then and there unlawfully, riotously, violently and tumultuously and with force and arms, assemble and gather themselves together in the nighttime, at and near the home of Walter E.…