State v. LononState v. Lonon
- Reporters:
- Before:
- English
delivered the opinion of the Court.,
Jоhn Burchfield and John J. Lonon were jointly indicted fоr-an assault and battery, in the Lawrence Cirсuit Court, as follows:
“ That Jоhn Burchfield and John J. Lonon, late of, etc., оn. the 10th day of June, A. D. 1853, with force and arms, in the cоunty of Lawrence aforesaid, in and upon each other, in thе peace of God in said State, then аad there being, unlawfully did make an assault, and each other then аnd there did beat,, wound аnd ill-treat, and other wrоngs to each other then and there did, to the great damage оf each other, сontrary to the form of the statute,” etc.
Lоnon filed a motion tо quash the indictment for misjoinder, which the Court sustained, and the State appealed.
Two рersons may commit аn assault and battery, each upon the оther, at the same .time, as for example, when they mutually fight by agreement in a private рlace, but each would be guilty of a distinct аnd several offenсe. But the offences being misdemeanors, аnd of the same naturе, the offenders may, it seems, be joined in the same indictment, if severаlly charged. But it is not prоper to do so, because the Court has the discretion to quash the indictment, as it did in this case. State vs. Nailet ah, present term.
The judgment is affirmed.