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Knight v. StateKnight v. State

Court of Appeals of Maryland
Oct 16, 1962
[No. 11, September Term, 1962.]
Reporters:
, ,
Before:
Per Curiam
Per Curiam.

William H. Knight was convicted by a jury of the possession and control of narcotics. On appeal, in claiming insufficiency of the evidence to support the ‍​‌​​‌​‌​‌‌​‌​​​‌‌‌‌‌‌​‌​​​​​‌​‌‌‌​​​​‌​​‌‌‌​‌‌​‌​​​​‌​​‌‌‌‌‌‌​‌​‌​‌‌​​​​​​​​​‌‌‌​​‌​‌​​​​‌​​‌‌​​‍verdict, he asserts that the failure of the State to produce “Dukey,” a special employee of the narcotics squad, as a witness was fatal. We think not.

A member of the squad searched the special employee and gave him money to make a purchase. While they were riding around together on the lookout ‍​‌​​‌​‌​‌‌​‌​​​‌‌‌‌‌‌​‌​​​​​‌​‌‌‌​​​​‌​​‌‌‌​‌‌​‌​​​​‌​​‌‌‌‌‌‌​‌​‌​‌‌​​​​​​​​​‌‌‌​​‌​‌​​​​‌​​‌‌​​‍for narcotics offenders, the employee noticed the defendant, a suspect, and got out of the automobile to contact him. The officer, watching from the parked automobile, saw the employee give the defendant money and the defendant walk away. In a few minutes the defendant returned, entered the automobile and rode away with ‍​‌​​‌​‌​‌‌​‌​​​‌‌‌‌‌‌​‌​​​​​‌​‌‌‌​​​​‌​​‌‌‌​‌‌​‌​​​​‌​​‌‌‌‌‌‌​‌​‌​‌‌​​​​​​​​​‌‌‌​​‌​‌​​​​‌​​‌‌​​‍the officer and the employee. Subsequently, the defendant got out *462 of the automobile at a designated place and entered a house. When he returned, he reentered the automobile and gave the employee a glassine envelope containing narcotics. Under similar circumstances a second purchase was made from the defendant in about a month. At ‍​‌​​‌​‌​‌‌​‌​​​‌‌‌‌‌‌​‌​​​​​‌​‌‌‌​​​​‌​​‌‌‌​‌‌​‌​​​​‌​​‌‌‌‌‌‌​‌​‌​‌‌​​​​​​​​​‌‌‌​​‌​‌​​​​‌​​‌‌​​‍a later date the defendant was arrested.

As was held in Whyte v. State, 229 Md. 459, it was not essential for the State to produce the special employee as a witness. So long as there was other sufficient evidence — and there was, as is apparent from the record — from which the jury ‍​‌​​‌​‌​‌‌​‌​​​‌‌‌‌‌‌​‌​​​​​‌​‌‌‌​​​​‌​​‌‌‌​‌‌​‌​​​​‌​​‌‌‌‌‌‌​‌​‌​‌‌​​​​​​​​​‌‌‌​​‌​‌​​​​‌​​‌‌​​‍could find the defendant guilty beyond a reasonable doubt, the verdict will not be set aside. See Whyte v. State, supra; Wright v. State, 222 Md. 242.

Judgment affirmed.

Case Details

Case Name: Knight v. State
Court Name: Court of Appeals of Maryland
Date Published: Oct 16, 1962
Citations: 184 A.2d 709; 229 Md. 460; 1962 Md. LEXIS 580; [No. 11, September Term, 1962.]
Docket Number: [No. 11, September Term, 1962.]
Court Abbreviation: Md.
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