Supreme Court of Arkansas
211 Ark. 836
Cole, Jones and Bean v. State
Appeal from Pulaski Circuit Court, First Division
No. 4448.—Delivered: June 9, 1947.
Rehearing denied: June 30, 1947.
- Appeal and error—construction of statute.—Where part of a Legislative Act is questioned on Constitutional grounds, and the challenged portion is severable from provisions the Court thinks are valid, the questioned part will not be construed unless this is necessary to a determination of the appeal.
- Criminal law—sufficiency of evidence.—A defendant who merely stood by and did not employ force or threaten to use force to prevent workers from engaging in a lawful vocation was not guilty under Act 193 of 1943 merely because he had been seen with others who did commit overt acts, there being no substantial proof of a conspiracy.
- Statutes—constitutional sufficiency.—No fundamental right was impaired by the General Assembly when it denounced as a felony the conduct of persons who employed force or violence, or threatened force or violence, to prevent workers from engaging in a lawful occupation.
Appeal from Pulaski Circuit Court, First Division; Gus Fulk, Judge; affirmed as to Cole and Jones; reversed and dismissed as to Bean.
Ross Robley and Elmer Sehoggen, for appellant.
Guy E. Williams, Attorney General, and Earl N. Williams, Assistant Attorney General, for appellee.
[Opinion of the court by Chief Justice GRIFFIN SMITH. Justice FRANK G. SMITH and Justice EDGAR L. McHANEY, dissenting in part without opinion. Justice R. W. ROBINS, dissenting in part without opinion.]
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