Symons

Appellant, 'having waived jury trial, was convicted before a United States District Judge of offenses as charged in two counts of an indictment. Count one charged defendant with acquiring (in violation of 26 U.S.C.A. § 2593 (a)) marihuana without having paid the transfer tax imposed by 26 U.S.C.A. § 2590 (a), he being a transferee required to pay such tax. Count two charged him with concealing (in violation of 19 U.S.C.A. § 1593 (b) ) the marihuana knowing it to have been imported into the United States contrary to law.

The Government concedes error as to count two and we agree that the judgment cannot be sustained on that count. There was no evidence that the marihuana had been imported into this country and that appellant knew this. The judgment and sentence on count two is therefore reversed.

Appellant assigns as error failure of the trial court, upon motion timely made, to suppress certain evidence (the marihuana) and failure to suppress the arrest. He alleges that both the evidence and the anrest resulted from an illegal search and seizure in violation of the Fourth and Fifth Amendments of the Constitution of the United States. Appellant also assigns as error the admission,…