#### The State v. Simon Pemberton & John A. Smith,

From Anson,

Dec. 1829.

it is not an offence either at Common Law or by Statute, to gamble with a slave.

The Defendants were indicted as follows, “The Jurors &c. present that S. P. and J. A. S. late of, &c. on &c. at &c. unlawfully did play at cards with certain slaves, to-wit, with &c. to the evil example of all others in like case offending, and against &c.”

After a verdict for the State, his honor Judge StraNge arrested the judgment, being of opinion that the fact charged, as an offence was one w hich never could have existed in England, and therefore could not be deemed an offence at common law, as no law could be supposed to exist against that which could not be done. And as there was no statute prohibiting it, or if there was, as the indictment did not conclude contra formam, it could not be taken as an offence against the statute law.

From this judgment Mr. Solicitor Troy appealed.

The Attorney General for the State.

No Counsel appeared for the Defendant.

Per Curiam.

For the reasons given by the Judge below,, the judgment must be affirmed.