The fighting of a duel is an offense at common law as well as by statute. And if such fighting results in the death of any one, then all the participants, as principals, seconds, spectators, or others aiding, abetting or encouraging the duel, are liable for murder.108 The sending of a written or verbal challenge to another to fight a duel is an act tending to a breach of the peace and is indictable, though no duel be fought.109

104 Krover vs. People, 78 Ill., 298; Koop vs. People, 47 Ill., 329; People vs. Schotty, 116 Mich., 1; Hughes' Cr. Law, Sec. 1348.

105 Johnson vs. City of Chattanooga, 97 Tenn., 247. But see Purefoy vs. People, 65 Ill. App., 167.

106 People vs. Ringsted, 90 Mich., 371; Pierce vs. State, 109 Ind., 535; Hughes' Cr. Law, Sec. 1349.

107 Mohrman vs. State, 105 Ga., 709;

State vs. Gelpi, 48 La., 520; Hughes' Cr. Law, Sec. 1349.

108 Underfill's Cr. Ev., Sec. 483;

1 McClain Cr. Law, Sec. 324; State vs. Christian, 66 Mo., 138; Rex vs. Rice, 3 East, 581; State vs. Du Bose, 88 Tenn., 753 (aiding and abetting in another state).

109 4 Blackstone Com., 150, 199.