Montoya

People v. Montoya

Good Law
17 Cal. App. 2d 547·1936 Cal. App. LEXIS 614·62 P.2d 383
Court of Appeal of CaliforniaNovember 17, 1936Crim. 334California821 words

Opinion

Opinion

Marks, J.

The appellants, and three others,' were charged with the crime of riot alleged to have been committed on the Earl Tucker ranch in Orange County, California. The appellants were convicted and judgments pronounced upon them. Their three codefendants were acquitted.

Appellants urge the following grounds for a reversal of the judgments: (1) Insufficiency of the evidence to support the verdicts and judgments; (2) errors in instructions given to the jury; (3) interruptions of their counsel during his arguments to the jury.

The evidence shows that on July 6, 1936, there was a strike among orange pickers in Orange County; that the appellants and their companions (except the defendants ac quitted) were strikers; that on July 6, 1936, about twenty-eight nonstrikers were engaged in picking oranges in the Bari Tucker orchard; that at about 2 o’clock in the afternoon of that day between thirty and forty strikers, .including the appellants, drove up to the orchard in automobiles; that they were armed with clubs, sticks, black jacks and metal cables; that they rushed into the orchard, seriously assaulted and injured one picker, and drove most of the others out of the orchard; that they dumped…

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