Legal Opinion

State v. Burnham

Supreme Court of Vermont

Decided February 15, 1884PublishedCited by 5 opinions

Indictment for a breach of the peace. Trial by jury, December Term, 1883, Tart, J., presiding. Yerdict, guilty. The evidence for the prosecution tended to show that the respondent and one Bloxham engaged in a boxing match ; that it was agreed upon three or four days in advance; that notice of it was given among the people; that one of the parties had a second and that a referee to superintend the encounter was chosen; that the Qneensbury rules were to govern the contestants;…

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Indictment for a breach of the peace. Trial by jury, December Term, 1883, Tart, J., presiding. Yerdict, guilty. The evidence for the prosecution tended to show that the respondent and one Bloxham engaged in a boxing match ; that it was agreed upon three or four days in advance; that notice of it was given among the people; that one of the parties had a second and that a referee to superintend the encounter was chosen; that the Qneensbury rules were to govern the contestants; that a crowd of from twenty five to one hundred people were collected upon the fair grounds near the village, a ring…

1Opinion of the Court

*447The opinion of the court was delivered by

Ross, J.

We have to consider this case as presented by the exceptions. It is true, as contended by the respondent’s counsel, that sparring or boxing with gloves manufactured for that purpose, as conducted and engaged in ordinary athletic sports, is not unlawful, nor a breach of the peace. It may be that such sports, properly conducted, are both healthful and promotive of physical vigor and development, and should be encouraged. But such pugilistic exercise may be abused and carried beyond the limits of healthful and lawful exercise and sport. It may be…

2Cited by5 opinions

  1. State v. ManciniSupreme Court of Vermont · 1917
  2. Lund v. TylerSupreme Court of Iowa · 1901
  3. State v. BrownNew Jersey Superior Court Appellate Division · 1976
  4. Colliseum Athletic Assn. v. DillonMissouri Court of Appeals · 1920
  5. State v. PurtellSupreme Court of Kansas · 1896

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