Gault v. State

In a trial before the court without a jury, the appellant was convicted on a charge of being a second offender under the narcotics drug law (Code (1957), Art. 27, Sec. 300). The facts are not in dispute. Early in the morning of August 12, 1962, three police officers went to 739 Newington Avenue in Baltimore City, armed with a warrant to arrest Jerry Long who had been charged with ""serious assault."" Sergeant Smedberg and another officer went to the third floor apartment, where they were admitted by the owner, Shirley Bynum, and exhibited the warrant to the appellant and three other persons present. Long was not there. In the meantime, Officer Thomas, who had taken a station in the rear alley, saw Shirley Bynum come out on the porch and put something in a garbage can. A few moments later he was struck in the head by a tinfoil package thrown from the porch of the third floor apartment by a person whom he identified as an occupant of the apartment, Gibson. He picked up the package, opened it and saw that it contained a number of white capsules. He then went up the outside stairs and handed the package to the Sergeant. The occupants were arrested and a search of the apartment, with the permission of Shirley Bynum, revealed a brown bag containing narcotics paraphernalia in a garbage can on the porch. Subsequent examination by a United States chemist, Mills, revealed that the capsules and the paraphernalia contained heroin. The sergeant called Officer Vick of the narcotics squad. He went to the apartment and examined the package and paraphernalia. He testified that Gault had twenty-six puncture marks on his arm, which appeared to be ""fresh"". The occupants were then taken to the station house and charged.