UNITED STATES v. LESTER

No. 73-1289.

491 F.2d 680 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. William "Buddy" LESTER, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided February 11, 1974.


Attorney(s) appearing for the Case

Garred O. Cline (Court Appointed), Pikeville, Ky., on brief for appellant.

William D. Kirkland, Asst. U.S. Atty., for appellee; Eugene E. Siler, Jr., U.S. Atty., Lexington, Ky., on brief.

Before EDWARDS, McCREE and MILLER, Circuit Judges.


EDWARDS, Circuit Judge.

Appellant was convicted after jury trial on three counts of operating an unregistered still, in violation of 26 U.S.C. §§ 5173(a), 5179(a) and 5222(a) (1970). On his appeal he invokes a long-standing rule of this Circuit that while prior inconsistent statements of a witness' may be accepted to rebut that witness' testimony, and to impeach his credibility before the court, such prior inconsistent statements cannot be employed as substantive...

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