Hung

Appellant was convicted of the sale and concealment of smoking opium and he appeals.

In count 1 of the indictment he was charged with the unlawful sale of a tin of opium on April 25, 1939, in violation of the Harrison Narcotic Act, 26 U.S.C. A.Int.Rev.Code §§ 2553, 2557. Count 2 charged him with the fraudulent and knowing concealment of a tin of opium on May 11 of that year, in violation of the Jones-Miller Act, 21 U.S.C.A. § 174 . The principal grounds on which reversal is asked are (1) the denial of a motion for a directed verdict, based on the insufficiency of the evidence, (2) entrapment, and (3) refusal of a request to have the jury inspect the premises where the Government claims the offense under count 2 was committed.

After a studious examination of the record we are satisfied that the judgment of conviction should be affirmed. It was shown that on both occasions the narcotic agents supplied a Chinese informer with money and kept him under close observation. On each occasion the informer contacted appellant in Chinatown in San Francisco and was subsequently seen to meet and converse with appellant. Immediately after each transaction the informer was searched. He had…