Yuen

These defendants were charged by an information with the crime of riot, a misdemeanor. They were tried by a jury, and a verdict of guilty as charged was returned against them. Prom the judgment of conviction and the order denying a motion for a new trial they now appeal.

The information charges in the following words:

Briefly, it appears that on January 14, 1938, a strike was called by certain mine, mill and smelter workers against the Murchie Mine, situated near Nevada City in Nevada County, and a picket line was established at a point where the road leading to the mine joins the main highway. This picket line, made up of from 60 to 80 men, was continued until the morning of January 20th, when the offense for which the defendants stand convicted occurred.

At about 7 o’clock on the morning of that day Sheriff Tobiassen, together with several of his deputies and state highway patrol officers proceeded to the junction of the main highway and the Murchie Mine road. The men on picket duty were grouped along the side of and across the Murchie Mine road, and the officers were apparently on the main highway nearby. In a short time a caravan of automobiles bearing mine workers made its…