13 Ga. 322 | Ga. | 1853
By the Court.
delivering the opinion.
The defendants were indicted for an affray, which is defined by our Code, to be “ the fighting of two or more persons in some public place, to the terror of the citizens, and disturbance of the'public tranquility.” Prince, 643.
Where two are indicted for an affray, the successful defence of one will operate as an acquittal of both; as where the evidence shows that one of the parties acted entirely in self-defence, while the other assaulted and beat him, the aggressor may be guilty of an assault and battery, but neither of them guilty of an affray; and neither can be convicted on an indictment therefor; so that on the trial of an indictment for an affray, the aggressor is as much interested to show that both parties did not fight, as the innocent party is to show that fact; the defence of one enures to the benefit of the other.
Let the judgment of the Court below be affirmed.