State v. Weekly

The appellees were indicted ixx the court below for an affray. 2 G. & H., § 6, p. 459. The indictment charges “ that Edward Weekly axxd Campbell Lewis, on the 26th day of August, 1867, at said county, in a certain highway thex-e situate, unlawfully, by agreement, fought each other, and then and there and thex’eby made an affray.” *207Is a highway necessarily a “ public place,” within the meaning of the statute defining the offense ? Kent, in his Commentaries, says that “every thoroughfare which is used, by the public, and is, in the language of the English books, 4 common to all the king’s…