Dodson v. State

Coreins, J., delivered the opinion of the Court. This is an appeal from a conviction and sentence, upon a verdict of guilty by a jury, for unlawful possession and control of marihuana, after a motion for a new trial was denied by the Supreme Bench of Baltimore City. The testimony offered by the State was to the effect that the defendant, appellant, Earl L. Dodson, with his wife occupied a first floor apartment in an apartment house at 2612 Maryland Avenue in Baltimore. This apartment was entered by the first floor front door.

About 3:15 A. M. on December 15, 1955, Officers Davis, Shannahan and Wineke went to that apartment house, knocked on the door and were admitted by Earl Dodson. They searched the apartment and in a jewel box on the mantel found a package of cigarette papers. They then left the apartment and conducted a search of the surrounding area and found under the front porch of the ¹⁵ apartment house a glass jar wrapped in newspaper containing suspected marihuana, and a brown paper bag also containing suspected marihuana. The jar and the paper bag with their contents were sent to the United States Laboratory for analysis.

Dodson was arrested and taken to the Central Police Station. On cross examination Officer Wineke testified that he had been to the apartment of Mr. and Mrs. Dodson on several occasions. Before December 15, 1955, he had been there three times. The first time the police conducted a search but the second and third times they did not.

The fourth time was on December 15, 1955. Lieutenant Carroll testified that he talked to Dodson and told him, after his arrest, that he was going to give his apartment a thorough search and Dodson asked if he could accompany him. Lieutenant Carroll consented and with Officer Scroggs and Dodson went to Dodson’s apartment and conducted a search about 10:30 A. M. on December 15, 1955. In the fold of the covers under a cushion of the sofa in the apartment Officer Scroggs found two smoked cigarette butts.

Officer Scroggs corroborated Lieutenant Carroll’s statement. These cigarette butts were delivered to the chemist for analysis. Dodson told Lieutenant Carroll that his wife had not stayed in the apartment for four days. Dodson also said that he did not know anything about the marihuana or the cigarette butts.

Lieutenant Carroll further testified without objection that the two partially smoked cigarettes were analyzed by the United States chemist and showed marihuana with a weight of 1.9 grains. The contents of the jar were analyzed and contained six ounces of marihuana, 392 grains. The paper bag contents were analyzed and found to contain marihuana with a weight of 389 grains. About ninety cigarettes could be made from all of this marihuana.

On cross examination he stated that Dodson at no time admitted that the marihuana belonged to him. One Joseph Watson testified in this case that he was arrested on December 16, 1955, and as a result it was disclosed that he had in his possession marihuana. He said he purchased this from the appellant, Earl L. Dodson, and identified him in the courtroom. He said he had made purchases from ¹⁶ Dodson three times and the transactions took place in a restaurant on Charles Street in Baltimore City.

The first time Dodson approached him and asked him whether he wanted to buy any marihuana he told Dodson he did not have any money. Dodson told him his credit was good but he did not purchase any on that occasion. Dodson saw him several nights later and asked him the same thing. At that time he purchased from Dodson marihuana for $10.00, enough for about twenty or twenty-five cigarettes.

Again about a week later he made another purchase from Dodson and again a month later also made a purchase from the defendant. Each purchase was for the sum, of $10.00. When asked whether the marihuana found in his possession when he was arrested on December 16th was purchased from Earl Dodson, he replied: “Yes.” On cross examination he admitted that he had been charged with possession of marihuana, had pleaded nolo contendere and his case had been continued until the Dodson case was tried. He had never been convicted of possessing marihuana.

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