An affray is the fighting of two or more persons 28 Noe vs. People, 39 Ill., 97;

Bones vs. State, 117 Ala., 146; See State vs. Schlottman, 52 Mo., 164.

29 State vs. Kirby, 108 N. C, 772

(Held not violation); State vs. Wright, 41 Ark., 412.

30 Rogers vs. Brown, 20 N. J. L., 121; State vs. Norris, 69 N. H, 536; Stratton vs. State, 13 Ark 691. 31 Hull vs. State, 120 Ind., 154;

Wood vs. State, 11 Tex. App..

321. 32 State vs. Wright, 41 Ark., 414;

McVea vs. State, 35 Tex. Cr., 1;

Cockreham vs. State, 7 Humph.

(Tenn.), 12. 33 State vs. Jones, 53 Mo., 486;

Hughes' Cr. Law, Sec. 1091. 34 State vs. Gager, 28 Conn., 234;

State vs. Spray, 113 N. C, 686;

Com. vs. Porter, 1 Gray (Mass.), 476; State vs. Yeaton.

53 Me., 127.

in some public place to the terror of his majesty's subjects; for if the fighting be in private, it is not an affray but an assault.35

It is an affray for two travelers to mutually agree to fight in a public road in the presence of another.36

An assault and battery may be included in an affray.37

Mere belief of one of the parties charged with affray that he and his companion were about to suffer great bodily harm is not sufficient to justify fighting in self-defense.38