Drayton v. United States

STRUM, Circuit Judge.

Appellant, defendant below, was convicted of the unlawful acquisition of marihuana without payment of the transfer tax, contrary to 26 U.S.C.A. § 2593(a). On appeal, the determinative questions are the legality of defendant’s arrest, and a search of her premises, both without a warrant.

The building in which the defendant was arrested, and the search conducted, is a two-story rooming house, in charge of the defendant Aldonia Drayton, as manager. On the ground floor of the building there are six rooms. One of them is a large room sometimes referred to as the “gambling…