Duelling


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DUELLING, crim. law. The fighting of two persons, one against the other, at an appointed time and place, upon a precedent quarrel. It differs from an array in this, that the latter occurs on a sudden quarrel, while the former is always the result of design.
     2. When one of the parties is killed, the survivor is guilty of murder. 1 Russ. on Cr. 443; 1 Yerger's R. 228. Fighting a duel, even where there is no fatal result, is, of itself, a misdemeanor. Vide 2 Com. Dig. 252; Roscoe's Cr. Ev. 610; 2 Chit. Cr. Law, 728; Id. 848; Com. Dig. Battel, B; 3 Inst. 157; 6 East, 464 Hawk. B. 1, c. 31, s. 21; 3 East, R. 581 3 Bulst. 171 4 Bl. Com. 199 Prin. Pen. Law, c. 19, p 245; Const. R. 107; 1 Stew. R. 506; 20 John. 457; 3 Cowen, 686. For cases of mutual combat, upon a sudden quarrel, Vide 1 Russ. on Cr. 495.

References in periodicals archive ?
Cournet was a very skilled swordsman, but not the best shot and, under the 1777 "Code Duello", the duelling guidebook, he, as challenger, didn't get to choose weapons.
The age of duelling, like that of chivalry, may be said to be past for ever [sic] in England; but there is a lingering romance [...] of a time when notions of honour may, indeed have been false; but they served a purpose in the absence of better laws, better police, better taste, and better manners (1:1).
The guns were then placed in his shop window with the label: "Birmingham duelling pistols.
The duelling pistols illustrated are fine examples by the gunsmiths Wogdon and Barton and date from 1795-1803.
The cult of the duel was enshrined in the Prussian military and universities, where the display of a duelling scar was the mark of a gentlemen, and not that of a poor swordsman.
Some years ago, Francois Billacois argued that Renaissance duelling was highly place specific, epidemic in France but fairly infrequent in other countries.
Only then could duelling be accepted as a symbol of noble emancipation; participation in duels was an opportunity for noblemen to demonstrate their right to decide individual matters of honour without reference to an autocratic hierarchy.
(7) In Conrad's story, the duelists engage in a combat that reflects Napoleon's career, which "had the quality of a duel against the whole of Europe," even though Napoleon "was not a swashbuckler, and had little respect for tradition," and consequently "disliked duelling between the officers of his army" (165).
Parker, "Law, Honor, and Impunity in Spanish America: The Debate over Duelling, 1870-1920," ins.
Explaining that he was opposed to duelling, Hitler asked instead for reference to be made to some `vague and outmoded tradition' which had forced Strunk into an unfortunate situation.