Affray

In criminal law. The fighting of two or more persons in some public place to the terror of the people. 53 Ala. 640; 15 Ark. 204; 57 Mo. App. 502. It differs from a riot in not being premeditated; for if any persons meet together upon any lawful or innocent occasion, and happen on a sudden to engage in fighting, they are not guilty of a riot, but an affray only; and in that case none are guilty except those actually engaged in it. Hawk. P. C. bk. 1, c. 65; § 3; 4 Bl. Comm. 146; 1 Russ. Crimes, 271. Fighting in a private place is only an assault. 1 Cromp., M. & R. 757; 1 Cox, C. C. 177; 22 Ala. 15; 29 Ind. 206. AFFRECTAMENTUM (Fr. fret). Affreightment. The word fret means tons, according to Cowell. Affreightamentum was sometimes used. Du Cange.

The fighting of two or more persons in a public place to the terror of the people. Mere words cannot amount to an affray. Any person is justified in using force to part the combatants; 1 Cr. M. & R. 757. It differs from a riot in not being premeditated; for if any persons meet together upon any lawful or innocent occasion, and happen on a sudden to engage in fighting, they are not guilty of a riot, but an affray only; and in that case none are guilty except those actually engaged in it; 4 Bla. Com. 146; 1 Russell, Cr. 271; 2 Bish. Cr. L. 1150. Fighting in a private place is only an assault; 1 C. M. & R. 757; 1 Cox, Cr. Cas. 177; it must be in a public place; Gamble v. State, 113 Ga. 701, 39 S. E. 301; and the indictment need not describe it; State v. Baker, 83 N. C. 649; State v. Heflin, 8 Humph. (Tenn.) 84; State v. Sumner, 5 Strobh. (S. C.) 53; and that fact must be avowed; State v. Woody, 47 N. C. 335. But it will be an affray if commenced in a private place and continued in a public one or if the disturbance is so continuous as not to be distinguishable; State v. Billings, 72 Mo. 662; or if continued in public after pursuit; Wilson v. State, 3 Heisk. (Tenn.) 278. Going about armed with unusual or deadly weapons is an affray, though there is no actual violence or fighting; Hawk. P. C. b. 1, c. 28, § 1; State v. Huntly, 25 N. C. 418, 40 Am. Dec. 416; and the statute of Northampton, 2 Edw. III. c. 3, 4 Bla. Com. 149, forbidding it was declaratory of the common law; State v. Huntly, 25 N. C. 418, 40 Am. Dec. 416. For constituting this offense a gun is an unusual weapon; id. See Riot. The fighting of two persons in the presence of seven others was held an affray, the presence of the seven constituting the place a public one; State v. Fritz, 133 N. C. 725, 45 S. E. 957.

An unpremeditated fight in a public place between two or more persons, to the terror of others, with a stroke given or offered, or a weapon drawn.

Incriminallaw. The fighting of two or more persons in some public place to the terror of the people. Ii differs from a riot in not being premeditated; for if any persons meet together upon any lawful or innocent occasion, and happen on a sudden to engage in fighting, they are not guilty of a riot, butan affray only; andin that case none are guilty except those actually engaged init. Hawk. P. C. bk. 1, c. 63, § 8; 4 BL Comm. 146; 1 Russ. Crimes, B71. If two or more persons voluntarily or by agreement engage in any fight, or use any blows or violence towards each other in an angry or quarrelsome manner, in any public place to the disturbance of others, they are guilty of an affray, and shall be punished by imprisonment in the county jail not exceeding thirty days, or by fine not exceeding one hundred dollars. Rev. Code Iowa 1880, § 4065.

A public fight of others. There must weapon drawn. It an assault; and it is Affrectamentum, I., of a vessel.

[L. Lat. affraia, from Fr. affraier, effrayer, to affright.] In criminal law. The fighting of two or more persons in some public place, to the terror of others; and there must be a stroke given, or offered, or weapon drawn, otherwise it is not an affray. 3 Inst. 158. 4 Bl. Com. 145. The fighting must be in public, for if it be in private, it is no affray, but an assault. Id. ibid. Hawk. P. C. b. 1, c. 63, sec. 1. 4 Steph. Com. 276.

criminal law, is the fighting of two or more persons in some public place to the terror of the people. To constitute this offence there must be, 1st, a fighting; 2d, the fighting must be between two or more persons; 3d, it must be in some public place; 4th, it must be to the terror of the people. It differs from a riot in not being premeditated; for if any persons meet together upon any lawful or mnocent occasion, and happen on a sudden to engage in fighting, they are not guilty of a riot but an affray only; and in that case none are guilty except those actually engaged in it. Hawk. b. 1, c. 65, s. 3; 4 Bl. Com. 146; 1 Russell, 271.