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AGEE v. STATE

No. 64, September Term, 1969.

8 Md. App. 148 (1969)

258 A.2d 779

DAVID THOMAS AGEE v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided November 18, 1969.

Attorney(s) appearing for the Case

Naji P. Maloof for appellant.

James L. Bundy, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Arthur A. Marshall, Jr., State's Attorney for Prince George's County, and Donald P. McLaughlin, Assistant State's Attorney for Prince George's County, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and ANDERSON, MORTON, ORTH, and THOMPSON, JJ.

THOMPSON, J., delivered the opinion of the Court.

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...

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