Commonwealth v. Merrick

Citations

• 65 Pa. Super. 482
• 1917 Pa. Super. LEXIS 19

Syllabus

<p>Criminal law — Biot—Inciting to riot — Picketing.</p> <p>If a sudden disturbance arises among persons meeting together for an innocent purpose, they will be guilty of a mere affray; but if they form parties and engage in violent proceedings with promise of mutual assistance, or, if impelled with a sudden disposition to demolish buildings, they are rioters, and are not excused by the propriety of their original design.</p> <p>A rioter is one who inflames the peoples’ minds and induces them by violent means to accomplish an illegal object.</p> <p>Inciting to riot, while not a statutory offense in Pennsylvania, is an offense at common law.</p> <p>In riotous and tumultuous assemblies, all persons who are present and not actually assisting in their suppression, where their presence is intentional, and where it tends to the encouragement of the rioters, are prima facie inferred to be participants, and the obligation is cast upon a person so circumstanced, and it must be his defense, to prove his actual noninterference.</p> <p>The conviction of several persons on indictments for riot and inciting to riot, will be sustained, where it appears that the defendants held continuous meetings at which large numbers of workingmen were present, that certain of them made speeches advising the procuring of guns and carrying them openly; that they advised picketing and violence; that the meetings grew increasingly tumultuous and violent; that, as a result gates and doors of manufacturing plants were broken down by' turbulent strikers;' that the employees of such plants were intimidated by physical violence, by stopping the machinery, by the use of offensive personal epithets with threats of physical injury; that the local police who resisted were violently assaulted, and that lives were lost, many persons were injured, and much property destroyed.</p> <p>Criminal law — Jury—Challenge of jurors — Voir dire.</p> <p>The challenge of a juror for cause is addressed to the sound discretio