34 S.E. 513 | N.C. | 1899
The indictment is lost, but an agreement is sent up in the record, that it was in the usual form for an "affray."
Four defendants were on trial. The evidence was that the melee occurred in the road, but it was not stated whether or not it was a public road. The defendants asked the court to charge the jury that they must acquit the defendants unless they were satisfied beyond a reasonable doubt that the fighting was in a public place, and excepted to the refusal so to charge. An affray may be committed by "going armed with unusual and dangerous weapons, to the terror of the people." State v. Huntley,
This disposes also of the exception that the Court charged the law as to mutual assaults and batteries, without charging the specific law as to affrays. This was for the very sufficient reason that when the affray is charged to have been by fighting of two or more, there is no distinction between the law of affray, and that of assault and battery, by which it is committed. State v. Perry,
The other prayer for instruction was given in substance, and need not be considered.
Affirmed.
