Agee v. State

David Thomas Agee, the appellant, was convicted in the Circuit Court for Prince George’s County of unlawful possession and unlawful control of a narcotic drug. Judge Samuel W. H. Meloy, presiding with a jury, imposed concurrent sentences of three years. On appeal Agee contends: (1) Md. Code, Art. 27, § 298 places an unconstitutional burden of proof upon him (2) the charge of unlawful possession merged with unlawful control.

There was evidence from which the jury could have found: During the evening of September 10, 1968, Agee attended a dance at the Knights of Columbus Hall in Oxon Hill,…