Fleming v. State, 373 Md. 426

Summary

The Maryland Court of Appeals held that the evidence supported a requested jury instruction stating that mere presence near contraband, without more, is insufficient to establish guilt. The court further held that the trial court's instructions on possession, presumption of innocence, and reasonable doubt did not fairly cover the mere-presence theory of defense. The judgment was reversed and the case was remanded for a new trial.

Holdings

1. A defendant charged with possession of contraband is entitled to a mere-presence instruction when the evidence supports an inference that the defendant was merely present near the contraband and lacked knowledge of it or control over it.
2. General instructions on the presumption of innocence, reasonable doubt, and the elements of possession do not fairly cover a requested mere-presence instruction when the possession instruction fails to explain that knowledge and the ability to exercise dominion and control are required.
3. The trial court committed reversible error by refusing to give a mere-presence instruction that was warranted by the evidence and not fairly covered by the instructions given.

Questions Presented

1. Whether the evidence was sufficient to generate a requested jury instruction on mere presence.
2. Whether the trial court's other jury instructions fairly covered the substance of the requested mere-presence instruction.
3. Whether refusal to give the requested instruction constituted reversible error.

Disposition

reversed_and_remanded