Bisbee daily review., 1912-04-25
MAKES CLEAR STAND
 OF COUNTY OFFICERS
With Regard to Boxing Con test That Took Place
 in Douglas

Considerable controversy has grown out of the boxing match held in Doug las last Sunday. Just where the of ticers stood in regard to the matter and the law in regard to prize fighting has been explained heretofore. but the following letter dated April l9 from County Attorney Gilmore to Sheriff Wheeler, may aid in making matters clearer
 Hon. Harry (. Wheeler, City,
 Dear Sir.
 You have requested me for an Opin. ion on Sec. S77 Of the Penal code of Arizona The section referred to reads as follows,
 Every person who engages in. in stitutes. encourages or promotes any ring or prize fight or any other pre- meditated fight or contention, (with- out deadly weapons.) either as prin- cipal, aid, second. umpire. surgeon or otherwise. is punishable by imprison- ment in the territorial prison not ex- ceeding two years"
 You are instructed that a prize fight Is a fistic encounter between two hu- man beings in which the following conditions exist:
 lst That a prize or reward is of. fered 10 one or both of the contestants.
 2d One or both of the contestants have an intention to do bodily harm or infict a physical injury upon the other
 The questions as to whether the -fV considerable number of people is im- material as is also the fact that an admission fee is charged.
 You are further instructed that the words engages in. instigates. encour- ages or promotes, are referred to the words. principal aid second. umpire surgeon" and that the spectators al such fight would not be guilty be- cause they would not fall under the han of the enumerated classes Of the statute
 You are further instructed that there is no difference in the guilt be- tween the two principles in the match and those who act as aids, seconds, umpire, surgeon, but that all are equal ly guilty, and fl convicted would be punished by imprisonment in the ter ritorial prison for not more than two years
 You are further instructed that the spectators are all witnesses, and should you make any arrests. under Sec. 377 you should subpoena a sutii- cient number of spectators, especially those nearest the ring side to supply the evidence necessary for the convic- ton Of those accused.
 You are further instructed that the words bodily harm is a legal term and means an injury to the body of a person. however slight that injury may be-
 lt is said in the case of the People vs. Moore, a New York case, that One receives bodily harm in a legal sense when another touches his person against his will, with physical force intentionally hostile and aggre essive or projects such force against his per son.
 You are further instructed that the intention of a man is usually prov Ncn .bv his acts. and if the consequence of the acts of either principle in a prize ring is bodily harm or physical ! injury to the other. the presumption is that such bodily harm or physical | injury was intended. and if in addition to this, there is a purse or prize or re | ward offered 10 each one, or either O ] the contestants, you have prize ilehi as described in Sec. ST of our penal code
 Very truly yours,
 W. C. Gilmore, County Attorney