1866 — Georgia — Militia Musters

R. H. Clark, T. R. R. Cobb & D. Irwin, The Code of the State of Georgia 816 (1873)

Summary

Continued ban on dueling, but modified the prison minimum to 1 year and maximum 3 years. Deaths resulting from duels meant that the surviving party was guilty of murder and could be punished by death.

Statutory Text

§4516. (4443.) Dueling. If any person shall deliberately challenge, by word or writing, the person of another, to fight with sword, pistol, or other deadly weapon, or if any person so challenged shall accept the said challenge, in either case, such person so giving, or sending, or accepting any such challenge, shall, on conviction, be punished by a fine not less than five hundred dollars, and be imprisoned in the common jail of the county for any time not exceeding six months. Or, if the jury should so recommend, such person shall, in addition to the fine herein imposed, be punished by imprisonment and labor in the penitentiary for any timenot less than one year nor longer than two years.

§1517. (4414.) Seconds, same punishment. If any person shall know ingly and willfully carry and deliver any written or printed challenge, or verbally deliver anymessage or challenge to another, to fight with sword, pistol,or other deadly weapon, or shall consent to be asecond in any such duel or combat, such person so offending shall, on conviction, be punished in the same manner as prescribed in the preceding section.

§3518. (4415.) Act of fighting a misdemeanor. If any person shall be engaged in the act of fighting a duel, with sword, pistol, or other deadly weapon, either as principal or second, such person shall be guilty of a high misdemeanor, and, on conviction, shall be punished by imprison ment and labor in the penitentiary for any time not less than four years, nor longer than eight years: Provided, nevertheless, that if death should ensue from such duel, then all the parties, both principals and seconds, shall be guilty of murder, and suffer the punishment of death, but the punishment may be commuted in conformity with the provisions of section 4310 of this Code.

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Details

Title 1866 — Georgia — Militia Musters
Conduct Use
Instrument Edged Weapons, Firearms
Jurisdiction GA
Date 1866