John D. Cash v. State

sitting alone, delivered the following opinion.

Cash and another have been indicted in the circuit court for an affray-the other had a separate trial and was acquitted by the jury. Afterwards Cash was tried and found guil ty ; reasons in arrest of judgment were filed ; the circuit court overruled the reasons, and fined cash five dollars. From this decision an appeal has been taken to this court.

It has been here argued, that Cash could not be considered guilty of an affray, as the other with whom he had been indicted, had been acquitted ; that an affray can never take place, unless the parties…