Dorbert v. State

Yellott, J., delivered the opinion of the Court. The appellant was indicted and tried in the Criminal Court of Baltimore. The first count charged him with selling a lottery ticket to one Robert Thornton, On this count there was a verdict of acquittal. There were two other counts in the indictment; the second charging him with keeping a certain place for the purpose of selling lottery tickets, and the third with permitting a certain house, of which he was the owner, to be used as a place for the sale of such tickets.

On these two counts there was a. verdict of guilty. The statute prohibits the keeping, or allowing to be kept, any house, office, or other place, for the purpose of selling or bartering any lottery ticket, policy,, certificate, or any other thing by which the vendor or other person promises or guarantees that any particular number, character, ticket or certificate shall, in any event, or on the happening of any contingency in the nature of a ²¹¹ lottery, entitle the purchaser or holder to receive money, property or evidence of debt. The penalty prescribed for this offence is one thousand dollars, to be recovered either by indictment or by action of debt, in the name of the State. Revised Code, Art. 72, sec. 163.

The record in this case is so imperfect that it is impossible to ascertain on what ground the ruling of the Court below was founded. It contains but a single exception. It seems that the State offered in evidence certain slips of paper which are known as “ policy books.” This evidence was objected to, but the Court ruled that it was admissible and the exception to the ruling is in these words : “At the trial of this case the State, to maintain the issue on its part, offered in evidence certain slips of paper, which are known as ‘ policy books,’ to which the defendant objected ; but the Court overruled the objection; to which ruling the defendant did then and there except, and prayed the Court to sign this his bill of exceptions, which is accordingly done,” &c., &c. These slips of paper are