Clark v. State

Collins, J., delivered the opinion of the Court. Here are appeals by Alvin Thomas Clark and Charles J. Ahern from judgments and sentences on indictments charging each with the possession of hypodermic syringes, needles, and a certain instrument and implement adapted for the use of habit forming drugs by hypodermic injections, contrary to Article 27, Section 366, 1951 Code. On: July 25, 1952, Lieutenant Frank L. Schmidt and Sergeant Kemple, of the Baltimore Police Department, in response to a telephone call, went to Pine’s Drug Store at Baltimore and Gay Streets, entered and went behind the counter where the pharmacist was filling a prescription of Dr. W. M. Pannebaker issued to Charles J. Ahern, appellant. Lieutenant Schmidt testified that he knew Dr. Pannebaker’s prescriptions had been irregular.

When Ahern left the drug store the officer arrested him and took him to the Central Police Station. They there searched him and found thirteen tablets obtained by means of the prescription above referred to. An analysis of these tablets showed that each was composed of “a filler and %6 of a grain morphine hydrochloride of the modified type which is sold under the name of dilaudid”. When questioned by the police, Ahern stated he had been “on the junk” since the steel strike.

When told he lived in Room 6 on the third floor of 1620 Shakespeare Street, a commercial rooming house occupied by seamen, the officers went to thát address. The landlady escorted them to room 6, which was occupied by Ahern and Alvin Thomas Clark. The officers searched the room and in the left bureau drawer found a hypodermic syringe, a hypodermic needle and a home ¹³⁵ made hypodermic syringe made from an eye dropper. They also found a spoon showing burned marks on the bottom and two empty dolophine bottles.

Dolophine is synthetic morphine. One of the bottles contained a prescription mark made out to Alvin Clark by Dr. Pannebaker and filled at Kinnamon & Briele’s Drug Store. The other bottle had no prescription mark on it. They found in Clark’s suitcase an additional dolophine bottle* also another home made hypodermic syringe and needle and postal cards addressed to Clark.

In the bottom bureau drawer the officers found an additional hypodermic syringe