Strom

Appellant was indicted upon three counts for violation of the National Prohibition Law (27 USCA). In pursuance of a stipulation, he was tried by the court sitting without a jury, and was found guilty. He appeals from the judgment of conviction solely upon the ground that the evidence against him had been unlawfully procured in violation of the Fourth- and Fifth Amendments of the .Federal Constitution and that his petition, to suppress this evidence, addressed to the court, was improperly denied.

It appears from the evidence that at about 1 p. m. on September 23, 1930, the day the appellant was arrested, the prohibition officers were notified by an anonymous telephone message that a still was being operated in the premises known as 1827 Terry avenue, in Seattle, Wash. The deputy prohibition administrator, W. H. Kinnard, directed a federal prohibition agent, Leonard Regan, to visit the premises and make a report. This he did at about 5:30 p. m. He found two large frame buildings, No. 1827 and No. 1825 Terry avenue, with a plank walk between them. When standing on this walk he could smell the odor of mash coming from the upstairs of No. 1825, and he could detect the odor of…