CRIMES AND PUNISHMENTS. 1049

shall destroy any part of the fencing about said preserve or refuge in
any manner whatsoever, or shall enter into such preserve or refuge and
drive, or attempt to drive the game birds or game animals therefrom, either
in the day time or in the night time, except with the written consent of
the owner or owners thereof, shall be guilty of a misdemeanor and upon
conviction thereof shall be liable for each offense to a fine of not less than
$100.00 or not more than $500.00 or to imprisonment in the House of
Correction for a period of not less than six months nor more than one year,
or be subject both to said fine and said imprisonment, in the discretion of
the Court.

Trespass.
1920, ch. 112, sec. 1.

242. It shall be unlawful for any person to enter or trespass on any
property which is posted against trespassers in a conspicuous manner. Any
person so doing shall be guilty of a misdemeanor and upon conviction
before any Justice of the Peace shall pay a fine of fifteen dollars ($15.00)
and the costs; the prosecution of such offenders shall be made and proceed-
ings instituted by the landowner or tenant of the property unlawfully
entered.

1920, ch. 112, sec. 2.

243. In order to protect the State of Maryland in its propagation of
game and fish, it shall be unlawful for any person to enter or trespass in
any manner, unauthorized, on any land or waters owned or controlled by
the State for the use of the Game Department or Fish Department, or
lands which have been acquired as game preserves or refuges, or for fish
ponds or hatcheries, and it shall be unlawful to destroy or deface or dam-
age in any manner such properties. Any person violating the provisions
of this section shall be guilty of a misdemeanor and upon conviction before
any Justice of the Peace, shall be fined the sum of one hundred dollars
($100.00).

Gaining.

An. Code, sec. 214. 1904, sec. 199. 1888, sec. 122. 1797, ch. 110. 1826, ch. 88, sec. 1.
1842, ch. 190, seq. 5. 1853, ch. 265, sec. 1. 1856, ch. 195, sec. 1.

244. No person shall keep any gaming table, or any house, vessel
or place, on land or water for the purpose of gambling.

Counts under this and the following sections, and counts for keeping such a
common gambling house as constituted a nuisance at common law, may be joined
in one indictment. An indictment may include separate offenses in separate counts
where offenses are of same general character, differing only in degree. If indictment
contains one good count, a general demurrer will not prevent a judgment upon such
count. An indictment held sufficient under this section and sec. 252. A witness may
not be asked whether he knew of traverser's keeping, or having kept, a gaming table.
Wheeler v. State, 42 Md. 567.

The keeping of rooms for the sale of pools on horse races and the selling of such
pools or tickets is not indictable under this section or sec. 245, 252 or 255. It is
playing of a game of chance which makes a gaming table criminal. How a criminal
statute should be construed. (But see sec. 247, et seq.) James v. State, 63 Md. 252
(cf. dissenting opinions).

For a case now apparently inapplicable to this section by reason of amendments
thereto, see Baker v. State, 2 H. & J. 5.

As to indictments for gaming, see secs. 556 and 557.