Ward v. Commonwealth
Court of Appeals of Kentucky
Appeal from Garrard Circuit Court. W. C. Bell, Circuit Judge. Defendant convicted and appeals “Cyc.” Vol. 14, page 1112, defines duelling as follows: “Duelling is the act of fighting with deadly weapons between two1 persons in pursuance of a previous agreement.” The challenge is merely the invitation to engage in a duel.
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Appeal from Garrard Circuit Court. W. C. Bell, Circuit Judge. Defendant convicted and appeals “Cyc.” Vol. 14, page 1112, defines duelling as follows: “Duelling is the act of fighting with deadly weapons between two1 persons in pursuance of a previous agreement.” The challenge is merely the invitation to engage in a duel. Every duel has in it the following elements: 1 The act of fighting between two persons with deadly weapons. 2. A previous agreement between said persons to engage in said fight. We submit that in this case the court below did not define fighting in single combat. There is…
1Opinion of the Court
Opinion op the Court by
Judge Barker
Reversing.
The appellant was indicted by the grand jury of Garrard county, charged with a violation of section 1269, Ky. St. (Russell’s St. section 3190), commonly called the dueling statute. The indictment is as follows: “The grand, jury of the county of Garrard in the name and by the authority of the commonwealth aforesaid accuse Will Ward of the offense of challenging another to fight in single combat with a deadly weapon, committed in manner and form as follows: The said Will Ward in the county and state aforesaid, on the first day of June, 1908, and…
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