Champer v. State
14 Ohio St. (N.S.) 437
| Ohio | 1863
By the Court.

Held, an indictment against A. for an assault and battery upon B., is not sustained by evidence that A. assaulted and beat B. in a fight at fisticuffs, by agreement between them.

An assault and battery and an affray are distinct offenses under the statute, punishable by different penalties.

Judgment reversed and cause remanded.