Barone

This is an appeal by defendant from a judgment entered upon verdict of guilty on two counts of violation of 19 U.S.C.A. § 1593 ; smuggling merchandise into the country, and concealing merchandise smuggled into the country. He was fined $50 and sentenced to one year on each count, the sentence to run concurrently.

The sole question on this appeal,, raised by defendant’s motion for a directed ver7 diet, is whether the evidence is sufficient to warrant a verdict of guilt.

The evidence shows that the defendant is a resident of Tia Juana, Mexico, where he operates a garage. He has no past criminal record and has a good reputation in his community.

On the day of his arrest he left his garage, bound for the border, driving a Cadillac automobile. With him were a friend, Cancino, and a Mexican policeman, Melendrez. Defendant was stopped at the border and his car searched. In a comparatively inaccessible place in its structure, the dustpan underneath the oil crank case, was found a bottle and a paper bundle. The bottle contained milk of magnesia, and the paper two bindles of narcotics. Defendant was not charged with smuggling the milk of magnesia.

A United States narcotics inspector…