Edward Butler and Donald Cahee v. United States

Appellant Butler was charged in two counts of (1) illegal transfer of marijuana, and (2) concealing or receiving illegally imported marijuana. The first count was dismissed, and he was convicted on the second count by the trial court sitting without a jury. 21 U.S.C.A. § 176a.

Appellant Cahee was charged and convicted of concealing marijuana on which no tax had been paid by the same court sitting without a jury. 26 U.S.C. § 4744 .

This appeal follows. 28 U.S.C. § 1291 .

Facts

On May 27,1958, during the afternoon, a federal narcotics agent allegedly learned from an informer that appellant Butler was selling marijuana. About 7:30 P.M. of May 27th, 1958, the agent learned from the same informant that within the past hour of that same day, he (the informer) had seen marijuana in Butler’s apartment.

At 9:00 P.M. the federal narcotics agent, and others, obtained entrance to Butler’s apartment by a ruse, arrested Butler, and upon questioning Cahee arrested him after the latter admitted possessing marijuana that he had just purchased from Butler. Marijuana was found on Cahee, and marijuana was found in the apartment.

At no time before entering the apartment did the federal agents…