Higgins v. United States

EDGERTON, Circuit Judge.

Appellant was convicted of unlawfully possessing marihuana. 26 U.S.C. § 2593(a), 53 Stat. 281. The drug was seized during a search of his room without a warrant. Seeds were found in a paper bag in a chest of drawers, and cigarettes in the pocket of a coat hanging in a closet. The seeds and cigarettes were introduced in evidence. The present question is whether appellant’s motion to suppress the evidence, on the ground that the search was unlawful, should have been granted. The trial court, sitting without a jury, found that appellant consented to the search. 1

At the…