Barker v. People
New York Supreme Court
IN ERROR to the General Sessions of the Peace in the city of New-York. From the return to the writ of error, it appeared, that Jacob Barker, the plaintiff in error, in February, 1822, was indicted at the General Sessions, for sending a challenge to David Rogers, to fight a duel.
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IN ERROR to the General Sessions of the Peace in the city of New-York. From the return to the writ of error, it appeared, that Jacob Barker, the plaintiff in error, in February, 1822, was indicted at the General Sessions, for sending a challenge to David Rogers, to fight a duel. The indictment contained five counts; the four first counts were founded on the act, passed the 5th of November, 1816, entitled, “ an act to suppress duelling,” (sess. 40. ch. 1.) which declares, that if any person shall challenge another to fight a duel, &c. or shall accept a challenge to fight a duel, 2zc. or shall…
1Opinion of the Court
Spencer, Ch. J.
delivered the opinion of the Court.
The plaintiff in error contends, that the judgment of the Sessions is erroneous ; and that the act on which it is founded, declaring that such disability shall ensue, on a conviction for sending a challenge to fight a duel, is unconstitutional: 1st. As regards the original Constitution of this state. 2d. As regards the Constitution of the United States ; and, 3d. As regards the amended Constitution of this state. The 1st, 9th, 13th, and 33d articles of the original Constitution of this state, are said to bear upon this question, and the…
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