McClellan v. State
Supreme Court of Alabama
Appeal from Circuit Court of St. Clair. Tried before Hon. W. L. Whitlock. The appellant and one Cosper were indicted for an affray. Cosper had been tried separately and acquitted, when the present trial was had, and appellant claimed an acquittal on that ground.
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Appeal from Circuit Court of St. Clair. Tried before Hon. W. L. Whitlock. The appellant and one Cosper were indicted for an affray. Cosper had been tried separately and acquitted, when the present trial was had, and appellant claimed an acquittal on that ground. The testimony showed that the affray occurred at a public place, and that the defendant brought on the fight by attempting to collar Cosper, upon his denial, with some warmth, of a charge which appellant made against him, of enticing away one of his laborers. The court charged the jury, in substance, that although Cosper may have been…
1Opinion of the CourtBrickell, C. J.
An affray, as defined at common law, is the fighting of two or more persons in a public place, to the terror of the people. It is distinguished from an assault, or an assault and battery, because of the place at which it is committed, and the number engaged in it. It includes, of necessity, an assault and battery, and the gist of the offense at common law was its publicity. It is believed to have been the uniform practice in this State, when two or more are indicted for the offense, to allow the conviction of one and the acquittal of others. From this practice we are unwilling to depart,…
2Cases cited1 opinion
- John D. Cash v. StateTennessee Supreme Court · 1813
3Cited by5 opinions
- State v. HarveySupreme Court of Iowa · 1906
- Roberts v. StateSupreme Court of Alabama · 1953
- Gafford v. StateAlabama Court of Appeals · 1953
- Thompson v. StateSupreme Court of Alabama · 1881
- State v. WarrenNevada Supreme Court · 1884