The enterprise descr'be l in the special verdict is a lottery; and a lottery is a species of gambling ; and gambling is immoral and is denounced by statute. But all gaiming is not immoral, and it may be that all immoral games are not prohibited by statute. And however immoral this or that game may be, we cannot go outside of the statu telawof thisState to punish those who play at them. The managers of a lottery and also their agents for selling tickets, are indictable under chap. 32, sections 69 and 90 of Battle’s Revisal; but these sections do not embrace persons who buy their tickets.
The object of these two sections is to punish the chief offenders, who inaugurate and carry on the schemes specified therein, but they were not framed; to catch small and occasional transgressors of morals and propriety.
This is not so however with sections 71 and 72 of the same chapter, which denounce faro banks and gaming tables (other than a faro bank), by whatever name such table may be called 5 for in these sections the meshes are so adjusted as to catch botli large and small; in fact all who participate in such games.
The indictment in the case before us is framed upon section 72, but the facts do not support it.
The State lays stress upon the fact that the lottery, or game, if you choose, was carried on at a table. The classes of offenders specified in sections 69 and 70 cannot be enlarged, nor can those specified in sections 71 and 72 be diminished by the mere circumstance of the presence or absence of a table in the,; room or place where they carry on lotteries and games.
In other words while the seller of a lottery ticket is indictable, the purchaser is not, and simply for the reason that the statute makes it so.
Can the fact that the purchaser of a lottery ticket, obtained *210í-it at a table, instead of on tbo street, effect bis guilt under the statute? "We think not..
We have examined Bishop on Statutory Crimes, and all the 'eases cited by counsel for the prosecution and defense, and as far as they are applicable to our statute they support the conclusion at which we have arrived.
The judgment of the Superior Court is affirmed.
Per Curiam. Judgment affirmed.