CRIMES AND PUNISHMENTS 1179

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, 1924, sec. 244. 1912, sec. 214. 1904, sec. 199. 1888, sec. 122. 1797, ch. 110.
1826, ch. 88, sec. 1. 1842, ch. 190, sec. 5. 1853, ch. 265, sec. 1. 1856, ch. 195, sec. 1.

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

Pinball machines held to be capable of use for gambling purposes in violation of
Secs. 288-305. Becraft v. Shipley (Judge Parke, Circuit Court for Carroll Co.), Daily
Record, May 5, 1939.

Counts under this and the following sections, and counts for keeping such a com-
mon 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. 296. 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. 289, 296 or 299. It is
playing of a game of chance which makes a gaming table criminal. How a criminal
statute should be construed. (But see sec. 291, 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. 652 and 653.

A vending machine discharging a cylinder of mint wafers on deposit of nickel and
also frequently but not invariably metal discs the size of a nickel, varying in number
from 2 to 20, held to be gambling device. Gaither v. Cate, 156 Md. 255.

"Football Pool Tickets" held not to constitute gaming table under Secs. 288-305.
(Judge Niles, Criminal Court of Baltimore) State v. Asner & Dolgoff, Daily Record,
Nov. 8, 1939.

An. Code, 1924, sec. 245. 1912, sec. 215. 1904, sec. 200. 1888, sec. 123. 1826, ch. 88, sec. 1.

1842, ch. 190, sec. 4.

289. Every faro table, E. O. table, equality, or any other kind of gam-
ing table (billiard table excepted), at which any game of chance shall be
played for money or any other thing, shall be deemed a gaming table.

The keeping of rooms for sale of pools on horse races and selling of such pools or
tickets is not indictable under this section or sec. 288, 296 or 299. It is the playing of
a game of chance which makes a gaming table criminal. How a criminal statute should
be construed. (But see sec. 291, et seq.) James v. State, 63 Md. 250-1 (cf. dissenting
opinions).

The court will take judicial knowledge of what a billiard table is, or of the difference
between a billiard table and a faro table. If a billiard table is used as a faro table, it
loses the immunity of former under this section. Indictment under this section held
sufficient. State v". Price, 12 G. & J. 260.

An. Code, 1924, sec. 246. 1912, sec. 216. 1904, sec. 201. 1888, sec. 124. 1842. ch. 190, sec. 5.
1853, ch. 265, sec. 1. 1856, ch. 195, sec. 1.

290. No person shall lease or rent any house, vessel or other place to
be used for gambling.

An. Code, 1924, sec. 247. 1912, sec. 217. 1904, sec. 202. 1890, ch. 206. 1894, ch. 232. 1898,

ch. 285, sec. 124A.

291. It shall not be lawful for any person or persons, or association
of persons, or for any corporation within the State of Maryland, to bet,
wage or gamble in any manner, or by any means, or to make or sell a book
or pool on the result of any trotting, pacing or running race of horses or
other beasts, or race, contest or contingency of any kind, or to establish,