Riebe

This is an appeal by Charles F. Riebe, defendant below, from a judgment of conviction under an indictment charging him in the first count thereof, with the offense of carrying on the business of a retail liquor dealer of distilled spirits within the meaning of the United States Revenue Laws ( 26 U.S.C.A. § 193 , now 26 U.S.C.A. § 1397 (a) (1), without having paid the special tax therefor required by law. The indictment is in two counts. The second count was dismissed before trial. The case came on for trial before the court sitting *565 with a jury. At the commencement of the trial, "Riebe petitioned for a return of certain property alleged to have been illegally seized and a motion to suppress evidence in relation thereto on the ground that appellant’s dwelling house was entered without a search warrant and property seized therein, in violation of his legal rights, was filed and presented, the ruling thereon was deferred until the conclusion of all the evidence.

Jack Marmon, an inspector for the Revenue Department, was the government’s only witness. His testimony discloses -that on January 26, 1935, he, together with a special officer in the Indian Service, one J. C. Curtis, who…