Henry

Appellant was charged in the United States District Court for the District of Hawaii with (1) purchasing drugs other than in the original stamped package, in violation of 26 U.S.C.A. § 2553 (a), and (2) acquiring marihuana without having paid the transfer tax imposed by 26 U.S.C.A. § 2590 (a), in violation of 26 U.S.C.A. § 2593 (a). He was convicted and appeals.

William K. Wells, a Federal Narcotics Agent, procured a search warrant authorizing him to search a certain building in said warrant described, and situate on 803 Hausten Street, Honolulu, T. H. Wells, accompanied by several officers, took up positions from which they saw appellant walk around the said building and approach an automobile. The officers thereupon hailed appellant and informed him of the search warrant and of their intention to search the premises. Appellant and the officers went to the building to be searched and appellant requested a person then within the building to open the door. The request was complied with. The officers and appellant entered and the officers proceeded to search the premises. They discovered a bottle containing 115 heroin capsules under a flagstone in a pathway at the rear of the…