
    United States v. Mickle.
    The gratuitous distribution of ardent spirits at a public gaming-table does not constitute the keeper of the table a retailer of spirituous liquors, within the meaning of the Act of Assembly of Maryland.
    Indictment. 1st count, at common law, for a nuisance, in keeping a public gaming-house. 2d. Under the Act of Assembly of Maryland, for keeping a faro-table, the defendant being a retailer of spirituous liquors.
    
      Mr. Jones, for United States,
    gave up the 2d count.
   The Court

said they had decided, in Ismenard’s case, on the same indictment, that the distribution of spirituous liquors at the gaming-table, without receiving payment specifically therefor, was not a retailing of spirituous liquors within the meaning of the act.

Verdict guilty on the 1st count.  