State v. Price
Court of Appeals of Maryland
Appeal from Baltimore county court. This was an indictment charging that the appellee on, &c., at &c., “ unlawfully did keep a certain gaming table called a faro table, at which said gaming table, unlawfully kept as aforesaid, the game of faro was then and there unlawfully played for money, against the act of Assembly in such case made and provided, and against,” &c.
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Appeal from Baltimore county court. This was an indictment charging that the appellee on, &c., at &c., “ unlawfully did keep a certain gaming table called a faro table, at which said gaming table, unlawfully kept as aforesaid, the game of faro was then and there unlawfully played for money, against the act of Assembly in such case made and provided, and against,” &c. The traverser demurred to the indictment, in which the State joined, and the county court sustained the demurrer. The case was brought up on writ of error by the State, and was argued
1Opinion of the CourtDorsky, J.
The correctness of the judgment of the county court, it is-asserted by the appellee, is fully established by the general principle, as stated in Archb. Cr. Pl. 21, and other elementary writers upon the subject, “that if there be any exception contained in the same clause of the act, which creates the offence, the indictment must shew, negatively, that the defendant or subject of the indictment does not come within the exception.” If the meaning of this rule be, as is contended, that the indictment must contain an express negation of the exception, it is not warranted by a fair construction of…
2Cited by4 opinions
- Kearney v. StateCourt of Appeals of Maryland · 1877
- Harwood v. MarshallCourt of Appeals of Maryland · 1856
- Howes v. StateCourt of Appeals of Maryland · 1922
- Billig v. StateCourt of Appeals of Maryland · 1929