CHAPTER XXXIII

 

AFFRAY.

 

CONTENTS.

 

SECTION 1.   Affray defined.

2.   Two kinds of affray.

3.   An aggravated affray.

4.     Impending violence.

5.     Punishment for an aggravated affray.

6.     Punishment for an affray not aggravated.

 

1. An affray is the fighting of two or more public place. (1864, p. 16.)

 

2. Affrays are of two kinds, viz: those which are aggravated, and those which are not aggravated.

 

3.  An affray having a direct tendency to some high crime or misdemeanor, or tending to interfere with and disturb the course of legislation, or the administration or execution of the laws, or with the legal rights of others, is an aggravated affray. So also an affray in the presence of the King and Council, the House of Nobles and Representatives, or either of them, or of a court of justice while either is in session; or in a church or chapel during a religious service; or the fighting with dangerous weapons, to the terror of the King’s subjects, or of the people, is an aggravated affray.

 

4. Mere quarrelsome words do not amount to an affray; but if by reason of the parties being armed, or other apparent imminent violence there be good cause of terror, it is an affray though there be no actual violence.

 

5. Whoever is guilty of being a party concerned in an aggravated affray, shall be punished by imprisonment at hard labor not more than six months, or by fine not exceeding three hundred dollars.

 

6.  Whoever is guilty of being a party concerned in an affray, the same not appearing to be an aggravated affray, shall be punished by imprisonment at hard labor not more than two months, or by fine not exceeding fifteen dollars.