52 ;  Reg.  v.  Banlis,  8  Car.  &  P.  574  ;
Duncan  v.  Commonwealth,  6  Dana,  296 ;
Reg.  V.  Johnson,  Leigh  &  C.  632.  As-
sault and  Battery.  —  In  an  English  jury
case  the  judge  observed,  that,  if  two  go
out  to  strike  each  other,  and  do  so,  it  is
an  assault  in  both,  and  it  is  quite  imma-
terial which  strikes  the  first  blow.  Reg.
V.  Lewis,  1  Car.  &  K.  419.  This  is  doubt-
less 80  in  some  circumstances  ;  as  wliere
the  parties  are  in  anger,  and  each  intends
to  beat  the  otlier,  allowing  himself  to  be
beaten  as  little  as  possible.  Here  neither
can  be  said  to  consent  to  the  blows  he
receives.  See  Vol.  II.  §  85.  Prize-flght.
—  So  if  they  engage  in  a  prize-fight  there
is  a  breach  of  the  peace  to  which  they
cannot  consent.  Rex  v.  Perkins,  4  Car.
&  P.  537  ;  Vol.  II.  §  35.  But  ordinarily,
if  two  persons  fight  together  with  the
fist,  by  agreement,  though  they  may
under  some  circumstances  commit  an  of-
fence, it  is  not  the  offence  of  assault  and
battery.  Champer  v.  The  State,  14  Ohio
State,  437.     See  further  as  to  prize-fights,

144


Reg.  u.  Hunt,  1  Cox  C.  C.  177;  Com-
monwealth V.  Welsh,  7  Gray,  324  ;  Com-
monwealth B.  Barrett,  108  Mass.  302;  Reg.
0.  Young,  10  Cox  C.  C.  871 ;  post,  §  536.
2  Reg.  V.  Saunders,  8  Car.  &  P.  265;
Reg.  V.  Williams,  8  Car.  &  P.  286.
