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Ahhh for the good old days of settling things with your sword arm.....
Two suburban Detroit cousins charged under 1846 dueling law
September 28, 2005, 12:15 AM
MOUNT CLEMENS, Mich. (AP) -- Five years into the 21st century, an 1846 anti-dueling law is being used to prosecute two cousins accused of getting in a knife fight outside their suburban Detroit home.
"Any person who shall engage in a duel with any deadly weapon, although no homicide ensue, or who shall challenge another to fight such as duel ... shall be guilty of a felony," says the law, with a penalty of up to 10 years in prison and a $5,000 fine.
"The 1800s are alive and well in Mount Clemens," joked Dean Alan, who heads the Macomb County Prosecutor's Office warrants division. It issued warrants Tuesday.
Police say the cousins, ages 19 and 31, disagreed Monday over a $30 dollar debt.
The older man brandished a knife and challenged the younger man to fight outside their Mount Clemens home, and the younger man accepted, said Sheriff Mark Hackel.
"He could've done any number of things," Hackel told The Macomb Daily. "He could've called police, he could've fled the area. But he took on the challenge and became part of the problem."
The younger man received a non-life-threatening stab wound in the stomach and was recovering at Mount Clemens General Hospital, Hackel said.
The uninjured cousin fled and was being sought. He is on parole for a drug offense, the sheriff said.
A lawyer specializing in criminal defense said he has never represented anyone charged with dueling but said lawyers for both men could use the same strategy -- claiming self-defense.
"If it's a mutual fight, it's kind of hard to say it's one guy's fault," said Steven Rabaut. "And just because you're the injured party, that doesn't mean you were the good guy."
Two suburban Detroit cousins charged under 1846 dueling law
September 28, 2005, 12:15 AM
MOUNT CLEMENS, Mich. (AP) -- Five years into the 21st century, an 1846 anti-dueling law is being used to prosecute two cousins accused of getting in a knife fight outside their suburban Detroit home.
"Any person who shall engage in a duel with any deadly weapon, although no homicide ensue, or who shall challenge another to fight such as duel ... shall be guilty of a felony," says the law, with a penalty of up to 10 years in prison and a $5,000 fine.
"The 1800s are alive and well in Mount Clemens," joked Dean Alan, who heads the Macomb County Prosecutor's Office warrants division. It issued warrants Tuesday.
Police say the cousins, ages 19 and 31, disagreed Monday over a $30 dollar debt.
The older man brandished a knife and challenged the younger man to fight outside their Mount Clemens home, and the younger man accepted, said Sheriff Mark Hackel.
"He could've done any number of things," Hackel told The Macomb Daily. "He could've called police, he could've fled the area. But he took on the challenge and became part of the problem."
The younger man received a non-life-threatening stab wound in the stomach and was recovering at Mount Clemens General Hospital, Hackel said.
The uninjured cousin fled and was being sought. He is on parole for a drug offense, the sheriff said.
A lawyer specializing in criminal defense said he has never represented anyone charged with dueling but said lawyers for both men could use the same strategy -- claiming self-defense.
"If it's a mutual fight, it's kind of hard to say it's one guy's fault," said Steven Rabaut. "And just because you're the injured party, that doesn't mean you were the good guy."
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