MA Criminal Law – Murder by Duel, Fatal Fights, Mortal Wounds

  • Massachusetts General Laws
  • Part IV Crimes, Punishments and Proceedings in Criminal Cases
  • Title I Crimes and Punishments
  • Chapter 265 Crimes Against The Person

Section 3.  Duel; wound without and death within state; venue

Section 3. An inhabitant or resident of this commonwealth who, by previous appointment or engagement made within the same, fights a duel outside its jurisdiction, and in so doing inflicts a mortal wound upon a person whereof he dies within the commonwealth shall be guilty of murder within this commonwealth, and may be indicted, tried and convicted in the county where the death occurs.

Section 4. Accessory in duel

Section 4. An inhabitant or resident of this commonwealth who, by previous appointment or engagement made within the same, becomes the second of either party in such duel and is present as a second when a mortal wound is inflicted upon a person whereof he dies within this commonwealth shall be an accessory before the fact to murder in this commonwealth, and may be indicted, tried and convicted in the county where the death occurs.

Section 5. Duel; conviction or acquittal in foreign state; effect

Section 5. A person indicted under either of the two preceding sections may plead a former conviction or acquittal of the same crime in any other state or country; and if his plea is admitted or established, it shall be a bar to all further proceedings against him for the same crime within this commonwealth.

Section 6, 7 and 8:  Repealed, 1962, 285 Sec. 2

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