William Driggers v. United States

A jury convicted the appellant of the unlawful sale of twenty gallons of whiskey without the immediate containers being stamped, 26 U.S.C.A. § 5604 (a) (1). He here complains that the trial court erred in permitting the Government witnesses to testify that there were no stamps on the jugs instead of producing the jugs as the best evidence. This was not error, Burney v. United States, 5 Cir., 1964, 339 F.2d 91; Dicks v. United States, 5 Cir., 1958, 253 F.2d 713.

It is next contended that the Court should have, in effect, instructed the jury that the defendant was not guilty by reason of…