Max Franklin Roper v. United States

Defendant, Max Franklin Roper, was convicted under a four count indictment of possession and sale of unstamped distilled spirits. 26 U.S.C. § 5205(a) (2). This resulted from two different episodes occurring on October 12 and 19, 1966. The testimony of five state and federal government agents showed that on these occasions the defendant sold non-tax-stamped whiskey to a government informer.

Denying his guilt, defendant testified that his 1955 green Oldsmobile, which the government agents claim they observed at the scene, was inoperative during October 1966 and subsequently. An automobile…