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.

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).

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 85-86

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

AFFRAY

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