AFFRAY

AFFRAY

affray ([schwa]-fray). The fighting, by mutual consent, of two or more persons in some public place, to the terror of onlookers. ? The fighting must be mutual. If one person unlawfully attacks another who resorts to self-defense, the first is guilty of assault and battery, but there is no affray.

¡ª Also termed fray. Cf. RIOT; un-lawful assembly under ASSEMBLY; ROUT. [Cases: Criminal Law 45.15. C.J.S. Affray ¡ì¡ì 2¨C3, 5, 7, 13, 20.]

¡°An affray differs from a riot, a rout, or an unlawful assembly in that an affray is not premeditated and in order to constitute a riot, a rout, or an unlawful assembly at least three participants are essential, while … an affray may be committed by only two. Moreover, an affray is more of a private nature than a riot.¡± 2A C.J.S. Affray ¡ì 3, at 519 (1972).

¡°The word ¡®affray¡¯ comes from the same source as the word ¡®afraid,¡¯ and the tendency to alarm the community is the very essence of this offense.¡± Rollin M. Perkins & Ronald N. Boyce, Criminal Law 479 (3d ed. 1982).

casual affray. See CHANCE-MEDLEY.

mutual affray. See MUTUAL COMBAT.


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