Opinion
[No. 334, September Term, 1962.]
Decided July 18, 1963. Certiorari denied, 375 U.S. 977.
CRIMINAL LAW — Possession And Control Of Narcotics — Claims Of Entrapment And That Defendant Procured Narcotics As Agent Of Police Officer Held Without Merit Under Controlling Decision Of Stewart v. State, 232 Md. 318 . pp. 328-329
J.E.B.
Decided July 18, 1963.
Appeal from the Criminal Court of Baltimore (MANLEY, C.J.).
James R. Banton was convicted of the possession and control of narcotics, by the trial court, sitting without a jury, and from the judgment entered thereon, he appeals.
Affirmed.
The cause was argued before BRUNE, C.J., and HENDERSON, PRESCOTT, MARBURY and SYBERT, JJ.
George L. Russell, Jr., for the appellant.
Richard M. Pollitt, Special Attorney, with whom were Thomas B. Finan, Attorney General, William J. O'Donnell, State's Attorney for Baltimore City, and Stanley S. Cohen, Assistant State's Attorney, on the brief, for the appellee.
The appellant was convicted of having possession and control of narcotics under circumstances almost exactly similar to those present in Stewart v. State, just decided, 232 Md. 318. As in Stewart, the appellant contends that the evidence showed that, as a matter of law, he had been entrapped, and that he was only an agent of the police officer for whom he procured the narcotics, so that his possession and control were those of the police officer.
The result here is controlled by Stewart. In that case, both of the contentions made here were held to be without merit.
Judgment affirmed.