RIOT. In Criminal Law. A tumult uous disturbance of the peace by three persons or more, assembling together of their own authority with an intent mutually to assist each other against any who shall op pose them, in the execution of some enterprise of a private nature, and afterwards actually executing the same in a violent and turbu lent manner, to the terror of the people, whether the act intended were of itself law ful or unlawful. Hawkins, Pl. Cr. c. 65, 1, See 3 Blackf. Ind. 209 ; 4 id. 72 ; 3 Rich. So. C. 337 ; 5. Penn. St. 83.
2. In this case there must be proved—first., an unlawful assembling, 15 N. H. 169; for if a number of persons lawfully met together, as, for example, at a fire, or in a theatre or a church, should suddenly quarrel and fight, the offence is an affray, and :not a riot, be cause there was no unlawful assembling; but if three or more being so assembled, on a dispute occurring, form into parties with promises of mutual assistance, which promises may be expresa, or implied from the circumstances, then the offence will no longer be an affray, but a riot ; the unlawful combination will amount to an assembling within the ineaningnf the law. In this manner any lawful assembly may be converted into a riot. 18 Me. 346; 2 Campb. 328. Any one
who joins the rioters after they have actually commenced is equally guilty as if he bad joined them while assembling.
3. Secondly, proof must be made of actual violence and force on the part of the rioters, or of such circumstances as have an appa rent tendency to force and violence, and cal culated to strike terror into the public mind, 2 Campb. 369. The definition requires that the offenders should assemble of their OWD authority, in order to create a riot: if, there fore, the parties act under the authority of the law, they may use any necessary force to enforce their mandate, without committing this offence. See 1 Hill, So. C. 362.
4. Thirdly, evidence must be given that the defendants acted in the Hot and were participants in the disturbance. 1 Morr, Tenn. 142. It is sufficient if they be present encouraging or giving countenance, support, or acquiescence to the act. 9 Miss.270. See 1 Russell, Crimes, 247 ; Viner, Abr.; Hawkins, pl. Cr. c. 65, 1, 8, 9; Coke, 3d Inst. 176; 4 Blackstone, Comm. 146; Comyns, Dig.; Roscoe, Crim. Ev.