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1863 Id. Sess. Laws 442, An Act Concerning Crimes and Punishments, § 39.

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If any person, with or without deadly weapons, upon previous concert and agreement, fight one with another . . . should death ensue to any person in sucgh fight, or should any person die from any injury received in such fight, within one year and one day, the person or persons causing such death shall be deemed guilty of murder, and shall be punished accordingly.