
    The State v. James Hall.
    A Camp Meeting, or temporary encampment of a denomination of Christians, for the purpose of religious exercises, is “ a place set apart for the worship of Almighty God,” within the intent aud meaning of the act of 1809: And a defendant, convicted of retailing spirituous liquors within one mile thereof, on a day appropriated to religious exercises, is subject to the penalties imposed by that act. Nor does it remove, or lessen the offence, that the retailing occurred on a navigable river, or other public highway, vide Acts of 1809, pp. 49, 50.
    In an indictment under the act of 1809, for retailing spirituous liquors, within one mile of a place set apart for the worship of Almighty God, it is not necessary to negative the defendant’s being within the exception, contained in the proviso of the act, of the rights of persons having a license to retail, and residing at the place of retailing: The exception is matter of defence, and it is tor the defendant to shew that he is within it.
    
    
      
       2 Hawk. P. C. c. 25, s, 113. 1 Str. 608. 2 Burr. 1037. 2 Leach, 660. and. see Mills v. Kennedy, 1 Bailey, 17.
    
   Per totam curiam,

denying motion in arrest of judgment, and confirming the instructions to the jury, of Mr. Justice Evans, at Charleston, January Term, 1831.  