U.S. Circuit Court for the District of District of Columbia December 15, 1830 (United States v. Dixon)

Cranch, C. J.

delivered the opinion of the Court, (Thruston, J., absent,) as follows : —

Mr. Coxe and Mr. Dandridge have moved the Court in arrest of judgment, and contend that the matters charged in the indictment do not constitute an offence at common law. That at common law no game or gaming was unlawful; nor was it unlawful to keep a common gaming-house; and to this point they cited .