Duelling
A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839
A Law Dictionary, Adapted to the Constitution and Laws of the United States
crim. law, is the fighting of two persons one against the other, at an appointed time and piace, upon a precedent quarrel. It differs from an affray in this, that the latter occurs on a sudden quarrel, while the former is always the result of design. When one of the parties is killed, the survivor is guilty of.murder. 1 Russ. on Cr. 443; 1 Yerger’s R. 228; fighting a duel, even where there is no fatal result is of itself a misdemeanor.
Vide 2 Com. Dig. 252; Roscoe’s Cr. Ev. 610; 2 Chit. Cr. Law, 728; Fb. 848; Com. Dig. Battel, B; 3 Inst. 157; 6 East, 464; Hawk. B. ‘l,c. 31, 8. 21; 3 East R. 581;:3 Bulst 171; 4 Bl. Com. 199.
For cases of mutual combat upon a sudden quarrel, vide 1 Russ. on Cr. 495.