Milford chronicle., 1928-09-28
COURT RULES FIGHTS
UNLAWFUL In STATE
rCnntinued frnm fr,t bnn.1

lC0HffHned from fTSf pdgeJ
principally to the desire of both thu
state and boxing promoters to have
a test case considered by the court
All boxing promoters operating il
Delaware will be notified of the
opinion by the attorney generals
Office. The boxing contests which
have been staged at Milford will be
discontinued as a result of the de-
cision of the courts.
Judge Harrington dissented.
The motion to quash the indict.
ment was made by E. E. Berl and
Joseph Handler, representing Dr.
Gregory on the ground that it fail
ed to charge the commission of any
crime under the laws of the State.
The first contention of the defen-
dant was that the indictment was
bad because it failed to state acts
which constituted prize fight within
the meaning of statute. The defense
attorneys maintained that the in
dictment must state not only the
specific statutory offense, but also
the facts that constitute the offense
so that the defendant may be clearly
apprised of what he must meet.
The court, referring to the defen-
dant's contention in that respect
and to the wording of the indict-
Dent in the case, stated:
"The defendant could not mistake
its meaning or fail to know what he
was expected to meet at his trial.
The words have a well known def
milton and it would be difficult to
add anything thereto by a statement
of facts that would make their
meaning clearer in popular under
standing. Anyone would know that
the fight mentioned was one in
which money or something of value
was given or offered as a reward or
prize for the contestants.
"The statute upon which the in
dlctment is based makes it unlawful
for any person to promote in any
way prize fight wherein or on the
result of which any sum of money
or thing of value is dependent" the
court further states.
1T is not claimed by the State
that any stakes we're held by the de-
PENDANT to be paid on the determi-
nation of the fight or that on the |
result thereof any sum of money or
thing of value was wagered. The |
share in the indictment is that the |
defendant promoted a prize fight |
a sum of money was de-
pendent contrary to the statute.
And, to more clearly inform the
defendant what the charge meant
and what the State expected to
prove, the indictment further alleg-
ed that each of the two men engag-
ed in the fight was paid the sum of
$50 as a reward or prize for engag-
ng in the fight.
IF there could be any doubt about
What was meant by the words prize
ight,' that doubt was removed by
he averment that each of the prin-
'ipals or contestants was paid a
ium of money as a reward or prize
or engaging in the fight.
IF the fighters were to receive
money as prize for engaging in
he fight it was unquestionably
'rize fight and the defendant was
informed of the fact"
AS to the question raised by the
efendant's counsel as to whether it
Jas prize fight wherein a sum
f money was dependent" the~court
tates:
I'VE are not much impressed with
he argument of the defendant bas- {
d on the difference between a prize
ght in 1861 when the statute was t
assed and boxing contest today. q
10 doubt a prize fight over sixty (
ears ago was more brutal and dan I
erous than boxing bout today, but d
o matter what difference there O
light be we must assume that the
legislature in passing the statute in v
lestion meant what it's language f
early imports. Il
eff the fight the defendant is
large with promoting was a prize "
sht wherein or on the result of "
hich a sum of money was de- C
endent, it was in violation of the a
atute and unlawful no matter to W
hat extent the lives and persons of o.
e contestants were safeguarded IL
lie question is not whether the
INT or contest was brutal and dan F
rous but whether it was one
herein a sum of money was de-
ndent.
"The law makes it unlawful for al
yone to promote a prize fight tE
herein a sum of money is depend NJ
t or on the result of which sum b;
money is dependent It is con- de
nded by the State that the money m
be paid to the contestants was h;
pendent on the result of the fight. ca
lie money, and the same in amount, tn
is to be paid either as an incen- tn
e to engage in the fight or in the III