56 Kan. 479 | Kan. | 1896
The opinion of the court was delivered by
: The defendants were convicted of prizefighting, and sentenced to confinement in the peniten
“The word ‘prize-fight/ as used in the statute of this state, and as used in the information, is used in its ordinary signification, and means a fight, or physical contest, between two persons for a prize or reward ; and it is immaterial whether such fight, or physical contest, is witnessed by many or few persons. The word ‘prize’ or ‘reward/ as used in the information, means a reward or sum of money to be gained by contest or competition. In order to constistitute a prize-fight under the statute of this state, there must have been an expectation, on the part of the persons engaged therein, of a reward or prize to be given to and received by such contestants, or the successful contestant; but it is immaterial whether such prize or reward is to be won by the successful contestant from the other, or to be otherwise awarded ; but the guilt of each defendant must arise from the joint act, fight, or personal and physical contest of the two contestants.”
That a contest took place between the defendants at Sapp’s opera-house in Galena at the time charged is admitted. It is also admitted that it came off pursuant to a written agreement between the Galena Athletic Club on one part, and the defendants on the other, under which the defendants agreed to give a sparring exhibition of 25 rounds with five-ounce gloves, according to the Marquis of Queensbury rules. It provided for a referee, with power to continue the contest for a greater number of rounds. For this exhibition the athletic club agreed to pay each of the defendants $50. There was no substantial contro
It is not for this court to express an opinion as to the guilt or innocence of the defendants under the testimony. They had a right to have the law correctly declared to the jury. Webster defines the word prize-fight, “A contest in which the combatants fight for a reward or wager.” The court instructed the jury that the word “prize-fight,” as used in the statute, means a fight or physical contest between two parties for a prize or reward, and this phrase “ fight or physical contest,” or the expression “fight or con
Por the error in the instructions the judgment must be reversed, and a new trial awarded.