This appellant was acquitted on a charge of purchase, sale or distribution of a narcotic drug, but was found guilty by a jury of facilitating concealment of narcotics. It is now contended for the first time that the trial judge should not have admitted in evidence a cigarette package dropped by the accused as an officer approached. The package contained five gelatin capsules of heroin. No motion to suppress was made and no objection to the receipt of the evidence was voiced during the trial. Able counsel appointed by this court further argues that the Government’s expert chemist, whose qualifications were conceded at trial, should not have been permitted, despite the absence of objection, to testify that opium is not grown in the United States.
In Fuller v. United States,
On the contrary, we are satisfied there was no error affecting substantial rights. See Fed.R.Crim.P. 52(b). Affirmed.
