be collected from their number, arms or behavior, at or before the
scene of action, such resolutions so proved have always been
considered as strong ingredients in cases of this kind. And in cases
of homicide committed in consequence of them, every person present,
in the sense of the law, when the homicide has been involved in the
guilt of him that gave the mortal blow."

(Foster): "The cases of Lord Dacre, mentioned by Hale, and of
Pudsey, reported by Crompton and cited by Hale, turned upon this
point. The offenses they respectively stood charged with, as
principals, were committed far out of their sight and hearing, and
yet both were held to be present. It was sufficient that at the
instant the facts were committed, they were of the same party and
upon the same pursuit, and under the same engagements and
expectations of mutual defense and support with those that did the
facts."

Thus far I have proceeded, and I believe it will not be hereafter
disputed by anybody, that this law ought to be known to every one
who has any disposition to be concerned in an unlawful assembly,
whatever mischief happens in the prosecution of the design they set
out upon, all are answerable for it. It is necessary we should
consider the definitions of some other crimes as well as murder;
sometimes one crime gives occasion to another. An assault is
sometimes the occasion of manslaughter, sometimes of excusable
homicide. It is necessary to consider what is a riot, (1 Hawkins,
ch. 65, section 2): I shall give you the definition of it:--

"Wheresoever more than three persons use force or violence, for the
accomplishment of any design whatever, all concerned are rioters."