United States v. Lefevre.
Under tlie Act of Assembly of Maryland, 1797, c. 110, the offence of keeping a faro-table can only he committed by a tavern-keeper or retailer of spirituous liquors.
Indictment for keeping a faro-table, at common law, and on the Act of Assembly of Maryland, 1797, c. 110.
[MAJORITY — The Court]
The Court
was of opinion, that in order to bring the traverser within the Act of Assembly, he must be either a tavern-keeper, or a retailer of spirituous liquors, by being in the custom of selling liquors by retail, either with or without license.
Whereupon Mr. Jones gave up the count upon the statute.