Macklin

Appellant was indicted, in two counts, for violation of sections 404 and 1181 of iitie 26, U. S. C. (26 USCA §§ 404, 1181), and, after plea of not guilty, was found guilty under count 1, wíiich concerned section 404, and not guilty under count 2, which related to section 1181.

Two investigators of the Alcohol Tax Unit of the Internal Revenue Department, each of whom testified,' had received information that liquor would be transported ¡o 424 East 11th street, in Port Angeles, Wash., on a certain date. They parked their automobile in the vicinity of an alley in the rear of said premises and waited. They observed two automobiles, one following the other, enter the alley in the rear of the premises. Appellant, Macklin, was driving one of the cars. The investigators followed and came to a stop a few feet to the rear of the Macklin car, from which the defendant had just alighted, carrying a carton containing empty one gallon jugs. The agents looked into Macklin’s car and saw some other cartons and bottles and placed Macklin under arrest. Search of his car revealed five or six empty one gallon jugs and three full one gallon jugs containing alcohol whisky and which bore no tax stamp,…