McFarland

This is a writ of error to review a conviction under four counts of an information charging, respectively, possession of certain property designed for the manufacture of liquor, maintenance of a common nuisance, the manufacture of liquor, and unlawful possession of certain intoxicating liquor.

A day before the trial the court overruled a motion to suppress certain evidence. In support of the motion defendant filed an affidavit setting forth that the premises where the seizure was made constituted his residence, that no sales of liquor had been made therein, and that immediately before his arrest federal agents, without a search warrant, entered his home and without right made a search and seizure of property therein.

Upon the trial, Powers, a prohibition agent, testified that, having had complaint about the premises, he went to the place described in the information; that as he approached he detected plainly the odor of fermenting boiling mash; that he saw a number of grease marks in the passageway going into the premises; that an agent, Lee, went to the front door, while witness went to the back door; that he knocked at the back door, and the door was opened by the…