Jarrett v. State

Melvin, J., delivered the opinion of the Court. The appellant, Clifford C. Jarrett, was tried and convicted ⁴⁴⁹ in the Criminal Court of Baltimore before Judge Carter, without a jury, on an indictment containing three counts charging him with selling, possessing, and having under his control a narcotic drug. On this appeal his only claim is that the evidence showed that he was entrapped by an undercover police officer and a police informer. The State’s evidence was as follows: Officer Bernard Tabbs, the undercover police officer, and the informer were walking on Pennsylvania Avenue in Baltimore City looking for people known to the informer to be selling narcotics.

They saw the appellant, known to the informer as “One Wing.” The informer asked “One Wing,” “Are you in shape?” To which cryptic question “One Wing” answered, just as cryptically, “Yuh.” The appellant then told Officer Tabbs and the informer to wait for him in the men’s room of a nearby night club. Officer Tabbs and the informer did so, and shortly thereafter the appellant entered the men’s room with a number of glassine bags containing heroin, a narcotic drug. The appellant took six of the bags and placed them on top of a toilet, whereupon Officer Tabbs offered the appellant $25.00 for the six bags, which offer was accepted by the appellant. Officer Tabbs picked up the six bags from the top of the toilet and paid the appellant $25.00.

As the three men were leaving the men’s room Officer Tabbs asked the appellant if he would “have any more tomorrow.” The appellant