FORM OF CHARGE. Pasting notice on Jence. Upon a certain fence, the property of M N, unlawfully and without the consent of the said M N, did paste and place a certain notice, which said notice is as follows: [copy of notice]. § 6884. Obstructions on public sidewalks; penalty.— Whoever sets up any table, stand, tent, wagon or other article, to use or let for profit, on a public footwalk or sidewalk constructed according to law, by any person, or any board of education, the council of any municipal corporation, the trustees of any cemetery association, the trustees of any township, or any agricultural or religious society, or rides, drives, leads, or hitches any horse or other animal on such footwalk or sidewalk, or in any other way obstructs the same, or digs up or removes any of the material of which the same is composed, shall be fined not more than twentyfive nor less than five dollars, or imprisoned not more than ten days, or both. (89 v. 234.) § 6885. Breaking open pound, etc.-Whoever interferes with, breaks open, destroys, or injures, any pound erected under authority of any law, or sets at liberty any animal impounded therein, shall be fined not more than fifty dollars, or imprisoned not more than ten days, or both. FORM OF CHARGE. Breaking open pound. At the township of —, and said county of —, unlawfully and purposely did break open a certain pound there situate, said pound having been created under authority of law, by the trustees of said township. § 6886. Unauthorized military expeditions. Whoever begins, or sets on foot, or provides or prepares the means for, any unauthorized military expedition or enterprise, to be carried on from this state against the territory or people of any state of the United States, shall be imprisoned in the penitentiary not more than ten years nor less than one year.1 § 6887. Dueling.-Whoever fights a duel, or is second to a person who fights a duel, or challenges another to fight a duel, or accepts a challenge to fight a duel, or is knowingly the bearer of such challenge, shall be imprisoned in the penitentiary not more than ten years nor less than one year. FORM OF CHARGE. Fighting a duel. Did unlawfully, willfully, and voluntarily engage in and fight a duel with one M N, then and there being, with deadly weapons, to wit, with pistols then and there loaded with gunpowder and leaden bullets [or other weapons, naming them], to the great hazard of the lives of the said E F and M N. 1 See 27298, page 509. § 6888. Prize-fighting.-Whoever engages as principal in any prize-fight shall be imprisoned in the penitentiary not more than ten years nor less than one year.1 FORMS OF CHARGES. Prize-fighting as principals—joint prosecution. [Name both the defendants in the commencement.]—Did unlawfully engage as principals, each with the other, in an unlawful and premeditated fight and contention, commonly called a prize-fight, and each the other did unlawfully strike and bruise, and attempt to strike and bruise, for and in consideration of prize and reward. The same, where only one is prosecuted. Did unlawfully engage as principal in an unlawful and premeditated fight and contention, commonly called a prize-fight, with one C D, and in said fight the said E F and C D did each the other unlawfully strike and bruise, and attempt to strike and bruise, for and in consideration of prize and reward. § 6889. Aiding a prize-fight.-Whoever aids, assists, or attends any prize-fight, as backer, trainer, second, umpire, assistant, or reporter, shall be fined not more than five hundred nor less than fifty dollars, and imprisoned not more than three months nor less than ten days. FORM OF CHARGE. Aiding, assisting, or attending prize-fight. Follow either form under the preceding section, according as the case may be and then proceed: and one M N, then and there unlawfully and voluntarily did aid, assist, and attend said prize-fight, as backer [or, trainer, or, second, or, umpire, or, assistant, or, reporter]. § 6890. Public boxing exhibitions declared unlawful.-Any two persons who agree, and willfully fight or box at fisticuffs or engage in any public sparring or boxing exhibition without gloves or with gloves of any kind, and whoever aids, assists, or attends any such boxing exhibition or glove fight, and any owner or lessee of any grounds, lots, building, hall, or structure of any kind, permitting the same to be used for such exhibition or purpose, shall be deemed guilty of an affray, and shall be fined in any sum not ex1 See Appendix, p. 686. ceeding two hundred and fifty dollars, or imprisoned not more than three months, or both; provided, that nothing in the foregoing shall apply to any public gymnasium or athletic club, or any of the exercises therein, if written permission for the specific purpose shall first have been obtained from the sheriff of the county; or, if the exercises or exhibition are had within the limits of a municipal corporation, of the mayor of such corporation. Affray; assault and battery.—An assault and battery and an affray are distinct offenses under the statute, punishable by different penalties. (Champer v. State, 14 Ohio St. 437.) Agreement to fight.-An agreement to fight need not be express, but may be shown by circumstances; but there must be a consent shown. A mere assault and resistance is not within the statute.. (Foy v. State, Tappan, 163.) Joint offense.-When two parties are jointly indicted for agreeing to fight, and one pleads guilty, but the other one stands his trial, and is acquitted, both must be discharged; for as the offense can not be committed by one person alone, no punishment can be inflicted. (Foy v. State, Tappan, 103.) FORM OF CHARGE. Affray-fighting at fisticuffs. [Name the two defendants, instead of one, in the commencement.]—Did unlawfully and willfully agree to fight and box together and with each other at fisticuffs, and then and there unlawfully and willfully did fight and box together and with each other at fisticuffs, and so the said C D and E F are deemed guilty of an affray. § 6891. Challenging to fight, or provoking breach of the peace. Whoever challenges another to fight at fisticuffs, or with cudgels, or provokes or attempts to provoke another to commit a breach of the peace, shall be fined not more than ten dollars nor less than one dollar. FORMS OF CHARGES. Challenging another to fight at fisticuffs. Unlawfully and purposely did challenge one M N to fight at fisticuffs with him, the said E F, by then and there speaking and uttering to the said M N the following words, to wit [set out the words spoken], or, by sending to the said M N a letter of the tenor and effect following [set out a copy of the letter]. Attempting to provoke a breach of the peace. Unlawfully and purposely did attempt to provoke M N to commit a breach of the peace, by [set out the words spoken or the acts done]. § 6892. Carrying concealed weapons.-Whoever carries any pistol, bowie-knife, dirk, or other dangerous weapon, concealed on or about his person, shall be fined not more than two hundred dollars, or imprisoned not more than thirty days and, for a second offense, fined not more than five hundred dollars, or imprisoned not more than three months, or both.1 Second offense.-Where a greater punishment may be inflicted on a conviction for a second or subsequent violation of a criminal law, than for the first, the fact that the offense charged is a second or subsequent offense must be averred in the indictment or information, in order to justify the increased punishment. (Larney v. City of Cleveland, 34 Ohio St. 590.) FORMS OF CHARGES. Carrying concealed weapon. Unlawfully did carry concealed on and about his person a dangerous weapon, to wit, a pistol loaded with powder and ball [or, a bowie-knife, or, a dirk, etc]. Carrying concealed weapons—second offense. That at the term, A. D. 18-, of the court of common pleas in and for the county of and State of Ohio, E F was indicted for that, with force and arms, at said state and county, on the day of A. D. 18—, the said E F did unlawfully carry concealed on and about his person a dangerous weapon, to wit, a pistol loaded with powder and ball [or other weapon, naming it], contrary to the form of the statute in such case made and provided, and against the peace and dignity of the State of Ohio; whereupon such proceedings were had, in due form of law, at the term of said court, that the said E F was convicted of the offense above set forth. whereof he was indicted as aforesaid, and the said court thereupon considered, ordered, and adjudged that the said E F [set out the sentence], and that the said E F was so sentenced at said term of said court, on the day of —, A. D. 18—; the said court then and there, at the times aforesaid, 1 See ? 7317, page 535. |