Schutte v. United States
Opinion
PER CURIAM.
Affirmed. In the search of a dwelling made by consent, no search warrant is necessary. Gatterdam v. U. S., C. C. A. 6, 5 F.(2d) 673, 674 . As to whether such consent was freely given, there was a question of fact. The court found as a fact that consent,-was given and without, any duress.; this conclusion was amply supported by the evidence; no question of law thereon remains for review.
We cannot think that the statute of 1921 (U. S. Code, tit. 18, § 53 [18 USCA § 53]) intended to penalize a search to which the householder voluntarily agreed, much less, to make inadmissible evidence thus found. See U. S, v. Lindsly (D. C.) 7 F.(2d) 247 .
Such possession as was here shown may constitute an offense separate from manufacture or sale (Albrecht v. U. S., 273 U. S. 1 , 47 S. Ct. 250 , 71 L. Ed. 505 ); and by the terms of the act (section 33, National Prohibition Act [27 USCA § 50; Comp. St. § 10138%t]), possession of liquor is prima facie evidence that it was kept for the purposes of sale, and hence that a nuisance was being maintained.
Regardless of the confession to which objection was made, the evidence made guilt practically indisputable.
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