1838 — Rhode Island — Dueling Prohibition

1838 R.I. L. p. 3-5

Summary

Prohibited the practice of dueling. If a death ensues in a duel, the surviving party was to be charged with murder.

Statutory Text

Section 6. Every person who shall be convicted of voluntarily engaging in a duel, with any dangerous weapon, to the hazard of life, shall be imprisoned not exceeding seven years, nor less than one year.

Section 7. Every person who shall be convicted of challenging another to fight a duel with any with any dangerous weapon to the hazard of life, and every person who shall be convicted of accepting any challenge to fight such duel, though no duel be fought, shall be imprisoned not exceeding seven years nor less than one year.

Section 8. Every person, being an inhabitant of or resident of this state, who shall fight a duel without the jurisdiction of this state, by previous appointment or engagement made within the same, and in such duel shall inflict a mortal wound upon any person, whereof the person so injured shall afterward die within this state, shall be deemed guilty of murder within this state, and may be indicted, tried, convicted, and sentenced in the county in which such death shall happen.

Secition 9. Section 9. Every person being an inhabitant of or resident in this state, who shall, by previous appointment or engagement made within the same, be the second of either party in any such duel as is mentioned in the next preceding section, and shall be present as a second when such mortal wound is inflicted, whereof death shall ensue within this state, shall be deemed to be an accessary before the fact to the crime of murder within this state, and may be indicted, tried, convicted, and sentenced, within the county where the death shall happen.

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Details

Title 1838 — Rhode Island — Dueling Prohibition
Conduct Use
Instrument Firearms
Jurisdiction RI
Date 1838