Cohen v. State

Sloan, J., delivered the opinion of the Court. Harry Cohen, the appellant, in this case alone was indicted on February 26th, 1937, on a charge of riot on the 12th day of February, 1937, at Baltimore City, together with eight named persons and divers other persons to the jurors unknown. There were two counts in the indictment, the first count of the indictment charged Cohen, together with those named and divers other persons with unlawful assembly, and “* * * then and there being so gathered together did make a great noise, riot, tumult and disturbance, and then and there unlawfully, riotously and tumultously remained and continued together for a long space of time, to-wit, for the space of fifteen minutes and more next following, to the great terror and disturbance of the persons thereabouts inhabiting, residing and being and passing and repassing upon the public highway there, to the great terror of the people of the said State, and against the peace, government and dignity of the State.” The second count charged that Harry Cohen, together with the same eight named in the first count and divers other persons to the jurors unknown, being unlawfully assembled, “* * * then and there being so assembled, and ²³⁷ gathered together then and there riotously did assault, intimidate and interfere with certain employees of The Yellow Cab Company, a corporation, to-wit, Frank Phelps and certain other persons to the jurors aforesaid unknown, and did destroy certain vehicles, to-wit, certain taxicabs, then and there being, of the property of The Yellow Cab Company, a corporation, to the great disturbance and terror of the people, and against the peace, government and dignity of the State.” The defendant demurred to each count of the indictment and the demurrers were overruled. The defendant thereupon, on the 8th day of March, 1937, filed two special pleas, in which he set out the indictment contained in the record in No. 16 at this Term, ante p. 216, 195 A. 532 , and charged that he had already been tried and found guilty of the matters whereof he was indicted in this case, and that, although the indictment in the former case laid the charge as of December 12th,