Raimondi

Appellant and a codefendant were tried below upon a six count indictment. Appellant was found guilty upon two counts, one charging violation of the Jones-Miller Act, 21 U.S.C.A. § 174 ; and the other charging a violation of 18 U.S.C. § 371 , a conspiracy to violate the Jones-Miller Act, 21 U.S.C.A. § 174 , and the Harrison Narcotic Act, 26 U.S.C. §§ 2556 , 2557. His codefendant was found guilty upon all six counts of the indictment.

The sole ground of appellant’s appeal is that the District Court erred in denying his motion for suppression of evidence. Before proceeding with the trial below, the District Court conducted a hearing, in the absence of the Jury, and heard evidence upon the motion.

There was testimony adduced upon the hearing showing that, upon a warrant, narcotic agents arrested the defendant in a garage adjacent to his home. At his request they took him into his home. There, he was informed that he was arrested for violation of the narcotic statutes. The agents then asked him if he had any objection to a search of his home, to which he replied that, since he was innocent, he had no objection and the agents could search. The agents, started to search. (The record is…