Thompson v. State
Supreme Court of Alabama
From the Circuit Court of Cleburne. Tried before Hon. Leroy F. Box. The indictment in this case was found in March, 1879, and charged that the defendants, “Alexander Thompson, Alexander Thompson, the younger, and Samuel Thompson did fight together in a public place, contrary to law, and against the peace,” &c.
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From the Circuit Court of Cleburne. Tried before Hon. Leroy F. Box. The indictment in this case was found in March, 1879, and charged that the defendants, “Alexander Thompson, Alexander Thompson, the younger, and Samuel Thompson did fight together in a public place, contrary to law, and against the peace,” &c. “ On the trial,” as the bill of exceptions shows, “ the State introduced one Thomas Holland as a witness, who testified that, within twelve months before the finding of the indictment in this case, in the town of Chulafinne, a public place in said county, the defendants assaulted and…
1Opinion of the CourtStone, J.
The question raised on the drawing and organization of the grand jury, was settled adversely to the appellant, in the cases of Marler v. The State, and Creamer v. The State, at the present term.—68 Ala. 580; ante, p.
2. An affray is the fighting of two or more persons in a public place, to the terror of the people.—4 Blackst. Com. 145 ; Clark’s Manual, § 1467; 2 Bish. Cr. Law, § 1; 1 Ib. § 535. The qualities that distinguish an affray from an assault and battery are, that two or more persons must be engaged in the same combat, and the place must be public. The controlling thought of the…
2Cases cited1 opinion
- McClellan v. StateSupreme Court of Alabama · 1875
3Cited by4 opinions
- Hickman v. StateCourt of Special Appeals of Maryland · 2010
- Roberts v. StateSupreme Court of Alabama · 1953
- Carnley v. StateSupreme Court of Florida · 1924
- Gafford v. StateAlabama Court of Appeals · 1953