294 F. 277 | 9th Cir. | 1923
The plaintiff in error was convicted under an indictment which charged that, at a certain time and place within the jurisdiction of the trial court, he did—
“deal in, dispense, sell, and distribute certain compounds and derivitives of opium and coca leaves, to wit, morphine sulphate and cocaine hydrochloride, without first having registered with the collector of internal revenue for the district of Idaho his name and place of business and place or places where such business was to be carried on, as required by law.”
“I asked them,” said the witness, “where they were going, and this man [afterwards identified as the defendant in the case and plaintiff in error here! spoke up and said he was going to Spokane. I says, ‘Here’s a good place to get out and start walking.’ He walked over toward the door. I had the flash light on him, and he walked over towards the door and pulled out his bill fold and says, ‘I am a brakeman,’ and he handed me the bill fold.”
The witness said:
“It contained a brakeman’s card. On the card was ‘Dominic Constantine. Kalispel Division, Great Northern Eailway, brakeman.’ ”
Being asked what was next said between the two, the witness answered :
“I says: ‘If you are a' brakeman, there is no need of your riding up here in this car. Why don’t you get in the caboose? Go on back and get that pack sack and get out. Q. What did the defendant do? A. He went back and got the pack sack, and brought it out and set it down in front of me in the car door, and as he set it down he turned and jumped out of the car on the other side,” ' ‘
—and ran, the witness, shooting several times, and calling to him to stop, which he did not do, but continued running through the brush. The witness testified that he then took the pack sack up to the engine, unlocked it, and, examining its contents, found therein 8 bottles of morphine and 32 bottles of cocaine. The plaintiff in error assigns as error the action of1 tire trial court in permitting Holtz to testify to the name he saw on the bill fold and to the contents-'of the pack sack, without having obtained a search warrant. We think it plain that there was no error in the ruling in either respect.
The judgment is affirmed.
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