Smith v. State
Supreme Court of Alabama
Samuel Smith was indicted in the Circuit Court of Bibb county, at the April term, 1828, on a charge of challenging one Daniel Williams to fight a duel. The in~ dictment was in two counts; the first charged the challenging specially in those words, “will you fight me with a gun, will you take a shot with meand those further words, “stay here and I will go home and get my gun and give you a shot any how.”
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Samuel Smith was indicted in the Circuit Court of Bibb county, at the April term, 1828, on a charge of challenging one Daniel Williams to fight a duel. The in~ dictment was in two counts; the first charged the challenging specially in those words, “will you fight me with a gun, will you take a shot with meand those further words, “stay here and I will go home and get my gun and give you a shot any how.” The second count charged generally a challenging to fight a duel with deadly weapons. It was insisted by the counsel for the defendant, at the trial below, that the indictment charged a mere…
1Opinion of the Court
JUDGE PERRY
delivered the opinion of the Court.
The question proposed arises out of the statute passed in 1807, and the one passed in 1819; the first of which provides, “that if any person or persons shall deliver, offer, or send any challenge in writing, verbally or otherwise, to fight a duel,” &c. “the. person or persons so offending, their aiders or abetters, and each of them, shall, on conviction thereof, be fined in the sum of one thousand dollars, and be imprisoned twelve callendar months, and be rendered incapable of holding any office of honor, profit, or trust, under the government of…
2Cited by4 opinions
- In re DorseySupreme Court of Alabama · 1838
- Shannon v. PeopleMichigan Supreme Court · 1858
- Burt v. StateSupreme Court of Alabama · 1866
- Commonwealth v. DavisMassachusetts Supreme Judicial Court · 1858