VENNER v. STATE

No. 166, September Term, 1975.

30 Md. App. 599 (1976)

354 A.2d 483

CHARLES VENNER v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided March 26, 1976.


Attorney(s) appearing for the Case

Arnold M. Zerwitz, Assistant Public Defender, with whom were Alan H. Murrell, Public Defender, George E. Burns, Jr., Assistant Public Defender and Aldridge L. Lees, Assigned Public Defender on the brief, for appellant.

Bernard A. Raum, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Milton B. Allen, State's Attorney for Baltimore City and H. Gary Bass, Assistant State's Attorney for Baltimore City on the brief, for appellee.

The cause was argued before POWERS, DAVIDSON and MOORE, JJ.


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

May the State obtain evidence in a narcotics case from the excrement of a hospital patient, without a warrant, and use that evidence against the patient in a criminal trial?

This question was posed by a motion filed in the Criminal Court of Baltimore by Charles Venner. A two count information charged Venner with unlawfully possessing marihuana extract in sufficient quantity to indicate an intent to manufacture...

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