Affray

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.