cole arkansas argued decided march cole arkansas david rein joseph forer ws hington petitioner oscar ellis salem shields goodwin little rock respondent justice black delivered opinion petitioners convicted felony arkansas state sentenced serve one year state penitentiary state affirmed one judge dissenting ground evidence insufficient sustain convictions petition certiorari alleged deprivation important rights guaranteed fourteenth amendment granted certiorari record indicated least one questions presented substantial question present state record one find appropriate consider question petitioners denied due process law violation fourteenth amendment circumstance convictions affirmed criminal statute violation charged present convictions information petitioners urge information charged violation act arkansas lature tried convicted violating state affirmed convictions ground information charged evidence shown petitioners violated arkansas act describes offense separate distinct offense described information charged walter ted campbell acting concert persons assembled southern cotton oil company plant pulaski county arkansas labor dispute existed force violence prevented otha williams engaging lawful vocation said roy cole louis jones jessie county state aforesaid day december unlawfully feloniously acting concert eath sic promote encourage aid unlawful assemblage peace dignity state arkansas foregoing language describing offense charged information substantially identical following language arkansas act section provides shall unlawful person acting concert one persons assemble near place dispute exists force violence prevent person engaging lawful vocation person acting concert one persons promote encourage aid unlawful assemblage record indicates request prosecuting attorney trial judge read jury instructed two offenses first concert action two persons resulting prevention person means force violence engaging lawful vocation second promoting encouraging aiding unlawful assemblage concert action among defendants charged information latter offense one trial case trial also instructed jury convict petitioners unless beyond reasonable doubt promoted encouraged aided unlawful assemblage plant southern cotton oil company purpose preventing otha williams engaging lawful vocation instruction like preceding one told jury trial petitioners violation since makes unlawful assemblage ingredient offense defines thus petitioners cla rly tried convicted jury promoting unlawful assemblage made offense tried offense using force violence described case reached state appeal recognized information drawn include charge petitioners violated act also held information accused petitioners force violence prevent williams working force violence threat use force violence made unlawful reason said affirmed convictions petitioners invoking part act accordingly refused pass upon petitioners federal constitutional challenges later denied petition rehearing petitioners argued sustain conviction grounds charged information jury opportunity pass upon deprives defendants fair trial trial jury denies defendants due process law guaranteed amendment constitution therefore situation petitioners read information charging offense act language information used trial judge construed information charging offense instructed jury effect charged jury petitioners trial offense promoting unlawful assemblage offense using force violence without completely ignoring judge charge jury convicted petitioners committed separate distinct substantially different offense defined yet state refused consider validity conviction violation petitioners tried convicted affirmed convictions though tried violating offense neither tried convicted principle procedural due process clearly established notice specific charge chance heard trial issues raised charge desired among constitutional rights every accused criminal proceeding courts state federal oliver cases cited state held petitioners charged violation doubtful information fairly informed charge sought defend charge certain tried found guilty much violation due process send accused prison following conviction charge never trid convict upon charge never made de jonge state oregon furthermore since arkansas provides appeal state appeal considers questions raised federal constitution proceedings part process law petitioners convictions must stand fall frank mangum cf mooney holohan affirmed convictions basis trial petitioners afforded convictions violation petitioners urged state evidence insufficient support conviction violation also raised serious objections validity section fourteenth amendment federal constitution none contentions passed upon state affirmed conviction though tried convicted violation truth tried convicted violation single offense charged offense distinctly substantially different offense charged conform due process law petitioners entitled validity convictions appraised consideration case tried issues determined trial constrained hold petitioners denied safeguards guaranteed due process essential liberty government dedicated justice law present state record pass upon contentions challenge validity arkansas act judgment reversed remanded state proceedings inconsistent opinion reversed remanded footnotes state held bean conviction based insufficient evidence reversed conviction directed cause dismissed shall unlawful person use force violence threat use force violence prevent attempt prevent person engaging lawful vocation within state person guilty violating section shall deemed guilty felony upon conviction thereof shall punished confinement state penitentiary less one year two years act arkansas acts previous conviction petitioners indictment charging violation set aside state erroneous admission evidence trial cole et al state ark reasonable construction section creates separate offenses section indictment alleges crimes covered part section impose upon defendant duty defend section provisions section cole et al state ark objections pressed arkansas also argued petitioners deprived freedom speech assembly reason convictions convictions based upon statute charges vague indefinite conform due process act deprived equal protection laws making certain conduct otherwise misdemeanor felony committed striking workmen