
    William Champer v. The State of Ohio.
    Error to the court of common pleas of Carroll county.
    
      D. W. Stambaugh, for plaintiff in error.
    
      L. R, Gritchfield, attorney general, for' the state.
   By the Court.

Held, an indictment against A. for an assault and battery upon B., is not sustained by evidence that A. assaulted and beat B. in a fight at fisticuffs, by agreement between them.

An assault and battery and an affray are distinct offenses under the statute, punishable by different penalties.

Judgment reversed and cause remanded.  