Presentation on theme: "AFFRAY “It is the mutual combat of two or more persons in a public place to the terror of the people.""— Presentation transcript:
AFFRAY “It is the mutual combat of two or more persons in a public place to the terror of the people."
AFFRAY All persons guilty of an affray shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.775.082 775.083
AFFRAY To constitute an affray, a necessary and indispensable ingredient is, that the fighting must be in some public place.
AFFRAY "It is because the violence is committed in a public place, and to the terror of the people, that the crime is called an affray, instead of assault and battery." Cash v. State, 2 Tenn. 198, 199 (1813).Cash v. State, 2 Tenn. 198, 199 (1813)
AFFRAY Due to the additional elements, one who commits an affray will necessarily commit an assault or battery, while one who commits an assault or battery will not necessarily commit an affray. Heflin, 27 Tenn. at 85-86Heflin, 27 Tenn. at 85-86
AFFRAY An affray is, therefore, characterized as a public disturbance, a crime against the public and its aim is to protect the peace.
CONCLUSION To sustain a conviction for afraid, the State must prove: (1)An affray must be committed in public to the terror of the people (2)Requires two or more persons (3)It is a mutual combat